High Court · 2025

CRL OP(MD). No.2440 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 24/02/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.2440 of 20251.Jegankumar2.Arunapriya ... Petitioners/Accused Nos.1 & 2 VsThe State of Tamilnadu,Rep. by the Inspector of Police, Elayirampannai Police Station, Virudhunagar District.Crime No.33 of 2025. ... Respondent/Complainant For Petitioners: Mr.N.Mariappan For Respondent : Mr.R.Meenakshi SundaramAdditional Public ProsecutorPETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory bail in Crime No.33 of 2025 on the file of the Respondent-Police.1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2440 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 05.02.2025under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying togrant an order of pre-arrest bail.2. The petitioners/Accused Nos.1 and 2 apprehend arrest at the hands ofthe respondent-Police for the offences punishable under Sections 406 and 420 of IPCin Crime No.33 of 2025 on the file of the respondent-police.3. The case of the prosecution is that the first petitioner and the defactocomplainant are relatives. Believing the words of the first petitioner that the secondpetitioner, who is the Dean of Thanjavur Health Department, is having goodacquaintance in the Secretariat and hence, if the defacto complainant pays a sum ofRs.5,00,000/-, she will secure a job in Government Department for the defactocomplainant, the defacto complainant gave a sum of Rs.5,26,501/- through the bankaccounts of the second petitioner and also her driver Veerapandi between 20.03.2023and 29.05.2023. After receiving the amount, the second petitioner showed a fakeappointment order, however, did not give the same to the defacto complainant. The2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2440 of 2025accused persons did not return the amount and secure a job for the defactocomplainant. Hence, the case. 4. Mr.N.Mariappan, the learned counsel appearing for the petitioners, submitsthat the petitioners are innocent persons and they have not committed any offence asalleged by the prosecution. He however submits that the petitioners are ready to paya sum of Rs.3,00,000/- to show their bonafide. Hence, he prays for grant of pre-arrestbail to the petitioners.5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional PublicProsecutor appearing for the respondent-Police, submits that the petitioners, bygiving a false promise to the defacto complainant, received a sum of Rs.5,26,501/-. Hefurther submits that if this Court grants pre-arrest bail to the petitioners, they willcommit similar type of offences and cause threat to the defacto complainant and thewitnesses. Hence, he prays to dismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the records.7. Since the petitioners claimed that they are ready to deposit a sum ofRs.3,00,000/- to show their bonafide, this Court is of the view that custodial3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2440 of 2025interrogation of the petitioners is not necessary in this case. That apart, the petitionershave permanent residence and hence, there is less possibility of absconding.Considering the same and considering the facts and circumstances of the case andwith a view to give an opportunity to the petitioners to reform themselves, this Courtis inclined to grant an order of pre-arrest bail to the petitioners subject to thefollowing conditions:(i) The petitioners shall be released on bail in the event of their arrest or in theevent of their surrender before the learned Judicial Magistrate No.I, Sattur, within aperiod of 15 days from the date on which the order copy is made ready, on executinga bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each alongwith two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five ThousandOnly) to the satisfaction of the learned Judicial Magistrate No.I, Sattur;(ii) The petitioners shall, jointly and severally, deposit a sum of Rs.3,00,000/- tothe credit of Crime No.33 of 2025, before the Judicial Magistrate No.I, Sattur;(iii) Thereafter, the petitioners shall appear and sign before the respondent-Police weekly twice i.e., on every Monday and Friday at 10.00 a.m., until furtherorders; (iv) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to ‘The Criminal Rules of4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2440 of 2025Practice, 2019’]. The learned Judicial Magistrate shall obtain a copy of any one ofidentity proofs to ensure their identity;(v) The petitioners shall furnish their residential address and mobile number tothe learned Judicial Magistrate No.I, Sattur;(vi) The petitioners shall make themselves available for interrogation by apolice officer as and when required;(vii) 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 dissuadehim from disclosing such facts to the Court or to any police officer;(viii) The petitioners shall not leave India without previous permission of theCourt;(ix) The petitioners shall not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence; and(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate No.I, Sattur, or Trial Court as the case may be, is entitled to passappropriate orders against the petitioners in accordance with law as if theaforementioned conditions are imposed by him as laid down by the Hon-bleSupreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2440 of 20258. The Judicial Magistrate No.I, Sattur is directed to deposit the amount ofRs.3,00,000/- to be deposited by the petitioners, in any nationalised bank in aninterest-bearing Fixed Deposit, initially for a period of one year and thereafter, renewtill the judgment is passed in the case in Crime No.33 of 2025;9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 24/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. APDTO1 THE JUDICIAL MAGISTRATE NO.1SATTUR2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.3 THE INSPECTOR OF POLICE, ELAYIRAMPANNAI POLICE STATION, VIRUDHUNAGAR DISTRICT.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2440 of 20254 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.N.MARIAPPAN, Advocate ( SR-2131[I] dated 26/02/2025 ) ORDER IN CRL OP(MD) No.2440 of 2025 Date :24/02/2025 SS/SKN/SAR- /07/03/2025/ 7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7