G. Gunasekaran v. The State of Tamil Nadu, Rep Through

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.07.2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI G.Gunasekaran ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep by the Inspector of Police, CCD-III PS, Pudukkottai. (Crime No.8 of 2025) ... Respondent/Complainant For Petitioner : Mr.T.Antony Arulraj

For Respondent : Mr.B.Thanga Aravindh

Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-For Bail in Crime No.8 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :-

The petitioner, who was arrested and remanded to judicial custody on

04.06.2025 for the offences punishable under Sections 318(4) of BNS r/w 66(D) of IT Act, in Crime No.8 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that one person had given sweet coated words to the defacto complainant from a mobile number to invest in the share market in a particular group by adding him he could have receive more amounts as profit, that based on the said instigation, the defacto complainant had purchased shares and initially they have given 20% of profit to the defacto complainant, that based on the further instigation the defacto complainant had invested with a sum of Rs.1,06,000/- but he could not withdraw his share profit and based on further instigation he had again invested a sum of Rs.6,85,000/- and he was informed that the profit approved to him is Rs.49, 29, 742/-. But he could not withdraw the said amount that they have also directed to deposit 20% of the profit as condition president to withdraw the amount and they have contacted him through various mobile numbers and finally he came to know that he was cheated by A1 and A2. Further, A1 had committed cheating to the tune of Rs.8,21,000/- and this petitioner had received a sum of Rs.3 Lakhs to his share with regard to the alleged share market business. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is only acted as agent, he was falsely implicated in this case. He further submitted that there is no previous case pending against the petitioner. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) submitted that the petitioner along with other accused persons have cheated the defacto complainant to the tune of Rs.8,21,000/- He further submitted that A1 had already been arrested and remanded to judicial custody and the investigation is still pending and there is no previous case pending against the petitioner. However, he opposed for grant of bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case and also limited overt act against the petitioner and the petitioner is only acted as an agent and there is no previous cases pending against the petitioner and taking into consideration of the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Pudukkottai, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Pudukkottai. © If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.II, Pudukkottai.

[d] the petitioner shall report before the respondent police daily at

10.30 a.m., until further orders. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial. [g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. sd/- 24/07/2025

/ TRUE COPY / /07/2025

Sub-Assistant Registrar (C.S.-I/ II /III/ IV)

Madurai Bench of Madras High Court,

Madurai - 625 023. msrm To

¶1The learned Judicial Magistrate No.II, Pudukkottai.

¶2Do through the Chief Judicial Magistrate, Pudukottai.

¶3The Officer Incharge, Sub Jail, Pudukkottai.

¶4The Inspector of Police, CCD-III PS, Pudukkottai.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.T.ANTONY ARULRAJ, Advocate ( SR-7981[I] dated 24/07/2025 ) ORDER IN CRL OP(MD) No.12352 of 2025 Date :24/07/2025

PS/SAR.24.07.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023