Rakesh Chowdary v. The State Represented by the Inspector of Police

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

26.05.2026 for the alleged offence under Sections 316(2) and 318(4) of BNS, 2023 in Crime No. 223 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 30.10.2025, the de facto complainant transferred a total sum of Rs.40,06,897/- towards the purchase and Page2 of 6 transportation of 74 tons of steel. It is alleged that after receipt of the said amount, the accused persons failed to supply the materials thereby, cheated the de facto complainant. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

¶4Per contra, the learned Government counsel (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that this petitioner is a transporter who used to transport iron material to the de facto complainant. It appears that the petitioner has informed the de facto complainant that the vehicle met with an accident, but he has not submitted any proof to show about such accident. According to the de facto complainant, the petitioner has cheated him at the tune of Rs.40 lakhs, by not delivering 74 tons of irons materials and there was no recovery from this petitioner. Hence, he opposed the grant of bail to the Petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record. Page3 of 6

¶6Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); though, this is a case of a cheating to tune of Rs.40 lakhs, while considering the factual position, the petitioner has been incarcerated since 26.05.2026. Hence taken into consideration of his long incarceration since 26.05.2026, this Court is of the firm view that by this time, major portion of the investigation might have been completed. Hence, further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each (among two sureties, one should be a blood surety and one should be a local surety), for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Coimbatore, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent Page4 of 6 police daily at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 16-07-2026 SHL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. Page5 of 6 To:

¶1The Judicial Magistrate No.I, Coimbatore

¶2The Inspector of Police B2 R.S.Puram Police Station, Coimbatore City.

¶3The Central Prison, Coimbatore

¶4The Public Prosecutor High Court of Madras CRLoOPoNo.o18824oofo2026 C.KUMARAPPANoJ. SHL CRLoOPoNo.o18824oofo2026 16-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Rakesh Chowdary ..Petitioner Vs The State Represented by The Inspector of Police B2 R.S.Puram Police Station, Coimbatore City. Crime No.223/2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.223 of 2026 pending on the file of the respondent Police. For Petitioner: Mr.R.Thamarai Selvan For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)