P. Dhanabal, J
1. The petitioners / Accused, who were arrested and remanded to judicial custody on 26.11.2025 for the offences punishable under Sections 406, 420 of IPC in Crime No.104 of 2025 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners in the year 2022 have borrowed Rs.20 Lakhs from their father and they repaid only Rs.5 Lakhs and promised to repay Rs.15 Lakhs, but failed to repay the same, when the defacto complainant tried to get the same, and by using the credit card of the defacto complainant, A2 obtained Rs.15,97,972/- in the year 2023, and transferred the same into the account of A1, but they failed to repay and were absconding and cheated the defacto complainant. Hence the case.
3. The learned counsel appearing for the petitioners / accused would submit that the petitioners are innocent and false allegations were made against them and they have been falsely implicated in this case. He would further submit that only due to family dispute, false complaint has been lodged. He would further submit that the petitioners were arrested and they are in judicial custody from 26.11.2025. Hence, he prayed bail for the petitioners.
4. The learned Government Advocate appearing for the respondent would submit that the offences are grave in nature, however, the investigation was completed and the charge sheet has also been filed, and he strongly opposed to grant bail.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made by the learned counsel on either side that already investigation was completed and charge sheet was also filed and considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners, subject to certain conditions.
[a] Accordingly, the petitioners are ordered to be released on bail on their 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 Judicial Magistrate I, Poonamallee, and on further conditions that:-
[b] the petitioners shall report before the learned Judicial Magistrate I, Poonamallee, on first working day of English Calendar month for a period of three months.
[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;
[d] the petitioners shall not abscond either during investigation or trial;
[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
