High Court · 2025

CRL.OP(MD). No.2701 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 11.03.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.2701 of 2025Selvarani... Petitioner / Accused Rank Not KnownVs.The State of Tamil Nadu rep byThe Inspector of Police,District Crime Branch Police Station,Ramanathapuram District.(Crime No.17 of 2024)... Respondent /ComplainantNanthakumar... Petitioner/ Intervener De-facto complainantPRAYER :- The Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to thepetitioner in Crime No.17 of 2024 on the file of the respondent police.For Petitioner :Mr.K.GunasekarapandiyanAdvocateFor Respondent:Mr.R.Meenakshi Sundaram,Additional Public ProsecutorFor Intervener:Mr.D.Balamurugapandi,Advocate1/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2701 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 10.02.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioner apprehends arrest at the hands of the respondent-police forthe offences punishable under Sections 406 and 420 of IPC, in Crime No.17 of 2024on the file of the respondent-police.3. The case of the prosecution is that the defacto complainant's brother hadapproached A1 for the purchase of a piece of land in Ramanathapuram Town.Between the years 2021 and 2023, the brother of the defacto complainant transferreda total sum of Rs. 86,00,000/- in several installments to A1. However, A1 failed toregister the land in his name. Despite repeated requests from both the defactocomplainant and his brother for the return of the money, A1 did not refund theamount. A1 claimed that he had borrowed money from his friends and relatives andassured the defacto complainant that he would collect the funds and return theamount. Further, A1 and his relative promised to repay the money and executed a2/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2701 of 2025written agreement to that effect. However, the amount was not returned, promptingthe defacto complainant to file a complaint with the respondent-police, leading tothe registration of the present case.4. Mr.K.Gunasekarapandiyan, the learned counsel for the petitioner, submitsthat the petitioner is an innocent person and she has not committed any offence asalleged by the prosecution. He further submits that the petitioner has been falselyimplicated in this case. He however submits that the petitioner is ready to abide byany conditions to be imposed by this Court. Accordingly, he prays to grant an orderof pre-arrest bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional PublicProsecutor appearing for the respondent-police, submits that there was a moneydispute between the parties. He further submits that there are no previous casesagainst the petitioner. He further submits that the petitioner along with otheraccused persons cheated the defacto complainant and his brother. He furthersubmits that if pre-arrest bail is granted to the petitioner, she will cause threat to thedefacto complainant and tamper with the evidence. He therefore prays to dismissthis Criminal Original Petition. 3/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2701 of 20256. Heard on both sides. This Court has perused the records. 7. The petitioner has permanent residence and deep roots in the society.Hence, there is less possibility of absconding. Considering the same and alsoconsidering the fact that the petitioner is a first offender and taking into account ofthe fact that the petitioner is ready to deposit a sum of Rs.10,00,000/- (Rupees TenLakhs only) and with a view to give an opportunity to the petitioner to reformherself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly,pre-arrest bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall be released on pre-arrest bail in the event of her arrestor in the event of her surrender before the learned Judicial Magistrate No.II,Ramanathapuram District, within a period of 15 days from the date on which theorder copy is made ready, on executing a bond for a sum of Rs.25,000/- (RupeesTwenty Five Thousand only) along with two sureties each for a like sum ofRs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learnedJudicial Magistrate No.II, Ramanathapuram District.(ii) The sureties shall affix their photographs and left thumb impression in the4/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2701 of 2025Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one ofidentity proofs to ensure their identity. (iii) The petitioner shall deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhsonly) to the credit of the Crime No.17 of 2024 on the file of the respondent-police,before the learned Judicial Magistrate No.II, Ramanathapuram District., within aperiod of two months from the date on which the order copy is made ready. In turn,the learned Judicial Magistrate shall deposit the said amount in an interest bearingFixed Deposit in any nationalized Bank initially for a period of one year and renewthem periodically until the final order / judgment is passed in the case in CrimeNo.17 of 2024. (iv) The petitioner shall appear and sign before the respondent-police weeklytwice i.e., on every Monday and Friday at 10.30 a.m. until further orders. (v) The petitioner shall make herself available for interrogation by a policeofficer as and when required.5/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2701 of 2025(vi) The petitioner shall not, directly or indirectly, make any inducement,threat or promise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to any police officer.(vii) The petitioner shall also not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence.(viii) The petitioner shall not leave India without the previous permission ofthe Court.(ix) The petitioner shall furnish her residential address and mobile number tothe concerned Magistrate.(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate or Trial Court, as the case may be, is entitled to pass appropriate ordersagainst the petitioner in accordance with law as if the aforementioned conditions areimposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. Stateof Kerala [(2005) 13 SCC 283]. 6/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2701 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 11/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. pal To1.The Judicial Magistrate No.II, Ramanathapuram District.2. Do through the Chief Judicial Magistrate, Ramanathapuram District.3.The Inspector of Police, District Crime Branch Police Station, Ramanathapuram District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.7/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2701 of 2025+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-2754[I] dated 13/03/2025 )Order made inCRL.OP(MD). No.2701 of 202511.03.2025 VN (01/04/2025) 8 P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.8/8