High Court · 2025

CRL.OP(MD). No.2861 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 17.02.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.2861 of 2025Rajeshkumar... Petitioner / Accused No.2Vs.The State of Tamil Nadu rep byThe Inspector of Police,City Crime Branch,Madurai City,Madurai District.(Crime No.40 of 2024)... Respondent / 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.40 of 2024 on the file of the respondent-police.For Petitioner : Mr.Gopalakrishna Lakshmana RajuSenior Counselfor Mr.J.JawaharFor Respondent:Mr.S.S.Manoj,Government Advocate(Criminal Side)ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 13.02.20251/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2861 of 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 for theoffences punishable under Sections 61(2), 314, 316(4), 318(4), 322 and 324 of BNS, inCrime No.40 of 2024 on the file of the respondent-police.3. The case of the prosecution is that the defacto complainant, the BranchManager of Central Bank of India, had an agreement with Phobos Gold TechnologyPvt. Ltd. (A4) to call for the application to the post of gold appraisers for the bank.Subsequently, Velmurugan (A1) was appointed as an appraiser on 15.05.2024. On31.08.2024 at about 4.00 p.m., one of the bank staffs asked the said Velmurugan topresent the jewels appraised on that day. He has given 112.5 grams of jewels pledgedby one Anjeline Jain Vanitha (A3). Suspecting its authenticity, the said staff verifiedit. At that time, it was revealed that the jewels were gold plated. Thereafter, A3 wascalled for enquiry but failed to appear. On enquiry, it was revealed that A3 hadvisited the bank with Rajeshkumar (Petitioner/A2), who also did not respond whensummoned. On verification, it was further revealed that the said appraiser with thehelp of the petitioner and A3, in their names, had availed gold loans for a total sumof Rs.27,33,000/- by pledging 679 grams of fake gold jewels. Hence, the case.2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2861 of 20254. Mr.Gopalakrishna Lakshmana Raju, the learned senior counsel for thepetitioner, submits that the petitioner is an innocent person and he has notcommitted any offence as alleged by the prosecution and he has been falselyimplicated in this case. He, however, submits that the petitioner is ready to abide byany conditions to be imposed by this Court. He therefore prays for grant of pre-arrestbail to the petitioner.5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side)appearing for the respondent-police, submits that there are totally 4 accused personsin this case and the petitioner has been arrayed as Accused No.2. He further submitsthat a total sum of Rs.27,33,000/- is involved in this case. Therefore, he contends that,if the petitioner is granted pre-arrest bail, he will cause threat to the defactocomplainant and witnesses and tamper with the evidence. Accordingly, he prays todismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the records. 7. The petitioner has permanent residence and deep roots in the society.3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2861 of 2025Therefore, there is less possibility of absconding. In view of the offence allegedagainst the petitioner, this Court is of the view that custodial interrogation is notnecessary in this case. Considering the above and taking into account the fact that thepetitioner is ready to pay a sum of Rs.20,96,000/- (Rupees Twenty Lakhs and NinetySix Thousand only), this Court is inclined to grant an order of pre-arrest bail to thepetitioner subject to the following conditions.(i) The petitioner shall be released on pre-arrest bail in the event of his arrest orin the event of his surrender before the learned Judicial Magistrate No.I, Madurai,within a period of 15 days from date on which the order copy is made ready, onexecuting a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty FiveThousand only) to the satisfaction of the learned Judicial Magistrate No.I, Madurai.(ii) The sureties shall affix their photographs and left thumb impression in theApplication 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.20,96,000/- (Rupees Twenty Lakhs4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2861 of 2025and Ninety Six Thousand only) to the credit of the Crime No.40 of 2024 on the file ofthe respondent-police, before the learned Judicial Magistrate No.I, Madurai. In turn,the learned Judicial Magistrate shall deposit the said amount in a nationalized Bankinitially for a period of one year and renew them periodically until the final order /judgment is passed in the case in Crime No.40 of 2024.(iv) The petitioner shall appear and sign before the respondent-police weeklytwice i.e., on every Monday and Friday at 10.00 a.m. until further orders.(v) The petitioner shall make himself available for interrogation by a policeofficer as and when required.(vi) The petitioner shall not, directly or indirectly, make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer.(vii) The petitioner shall not leave India without the previous permission of theCourt.(viii) The petitioner shall furnish his residential address and mobile number tothe concerned Magistrate.5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2861 of 2025(ix) 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]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 17/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. PALTO1 THE JUDICIAL MAGISTRATE NO.IMADURAI.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,MADURAI.3 THE INSPECTOR OF POLICE,CITY CRIME BRANCH,MADURAI CITY.MADURAI DISTRICT.6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2861 of 20254 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.2861 of 2025 Date :17/02/2025 SS/SKN/SAR- /28/02/2025/ 7P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7