Final Order 1

Order Details: Bail Order
Pdf Text: 1 Bail Application No.2801091/BA/2026
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
28th COURT, ESPLANADE, MUMBAI.
(Presided over by : Subhash L. Phule)
MHMM110100612026 C. R. No.385/2025,
R. A. No.2800548/2026,
State Through L. T. Marg Police Station
V/s. Manikanddan Ramanukutti
A) Case Details
FIR Number & Date 385/2025, dated 09.05.2025.
Police Station, District & State - L. T. Marg Police Station, Mumbai,
Maharashtra.
Sections invoked
Sections 316(5), 318(4), 317(2) of The
Bharatiya Nyaya Sanhita, 2023.
Maximum punishment
prescribed
Life Imprisonment or for 10 years.
B) CUSTODY & PROCEDURAL COMPLIANCE
Date of arrest 02.06.2026
Period of custody undergone 01 Month 15 Days.
C) STATUS OF TRIAL
Stage of proceedings Investigation
Total number of witnesses
cited in the charge-sheet
--
Number of prosecution
witnesses examined
--
D) CRIMINAL ANTECEDENTS
FIR No. and Police Station Nil.
Sections, Status Nil.
E) PREVIOUS BAIL APPLICATIONS
Court, Case No., Outcome Nil.
F)COERCIVE PROCESS
Whether any Non-Bailable
warrant was issued
No.
Whether declared a proclaimed
offender
No
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2 Bail Application No.2801091/BA/2026
ORDER BELOW EXH.NO.01 BAIL APPLICATION
01. The accused No.02 Manikanddan Ramanukutti made this
application under
Section 480 of The Bharatiya Nagrik Suraksha Sanhita,
2023 for his release on bail in connection with offence punishable under
Section 316(5), 318(4), 317(2) of The Bharatiya Nyaya Sanhita, 2023.
02. Perused the application and Say Exh.No.02 filed by
Investigation Officer and Ld. APP.
03. It is alleged that, the accused No.01 cheated the informant
and committed criminal breach of trust with respect of 2078.450 gram
gold worth Rs.1,67,30,218/-. The accused No.02 being Manager of the
accused No.01 retained 1500 gram property knowing it to be stolen and
further he misappropriated that property from the accused No.01.
04. Ld. Adv. Shri. Durgesh Sarfare for the accused submitted that,
the accused is innocent, he is falsely implicated. In the entire FIR, his
name has not been reflected. He was a Manager in the shop of accused
No.01 and not a merchant and trader or banker. So, Section 316(5) is not
applicable in the present case. The transactions between informant and
accused No.01 are purely commercial and contractual in nature, devoid of
any criminal intent or malice. It is a settle principle of law that for a
breach of contract to constitute the offence of cheating, there must be
material to show fraudulently or dishonest intention at the inception of
the agreement. Custodial interrogation is not required. Hence, prayed to
grant bail to the accused.
05. Ld. APP Shri. A. H. Nandgiri submitted that, the offence is
non-bailable and of serious in nature. Misappropriated property is not yet
recovered. The accused did not co-operate. There are chances of his
absconding, if released on bail. Ld. APP prayed for rejection of the bail
application.
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3 Bail Application No.2801091/BA/2026
06. It is alleged that, the accused No.01 cheated the informant
and committed criminal breach of trust with respect of 2078.450 gram
gold worth Rs.1,67,30,218/-. The accused No.02 being Manager of the
accused No.01 retained 1500 gram property knowing it to be stolen and
further he misappropriated that property from the accused No.01. He did
not co-operate during investigation for recovery of misappropriated golden
ornaments. Investigation is not yet complete. Hence, to claim parity for
bail as per bail order of the accused No.01 passed by the Hon’ble Sessions
Court in Criminal Bail Application No.556 of 2026 is not applicable to the
accused No.02. If the accused is released on bail, he will cause
disappearance of evidence and will deal with the misappropriated golden
ornaments. Hence, in such circumstances, the accused is not entitled for
bail. Hence, the following order :
O R D E R
01. Bail application of the accused No.02 Manikanddan Ramanukutti
stands rejected.
02. Order be communicated to the accused immediately through the e-
mail of the jail and to the Investigation Officer through official e-
mail ID of the police Station.
03. Ld. Adv. for the accused to take note.
(Subhash L. Phule)
(J.O. Code-MH02125)
Date : 17.07.2026. Judicial Magistrate (First Class)
Place : Mumbai. 28th Court, Esplanade, Mumbai.
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