High Court · 2025

CRL.OP(MD). No.2938 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 20.02.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.2938 of 20251.Suganthi2.Arunkumar... Petitioners / Accused Nos.2 & 5Vs.The State of Tamil Nadu rep byThe Inspector of Police,City Crime Branch,Trichy City.(Crime No.1 of 2025)... Respondent / ComplainantPRAYER :- The Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to thepetitioners in Crime No.1 of 2025 on the file of the respondent police.For Petitioners : Mr.K.Sivabalanfor M/s.Aran Legal Consulatancy,AdvocateFor Respondent:Mr.S.S.Manoj,Government Advocate(Criminal Side)For Intervener:Mr.K.Yasar ArafathAdvocate1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2938 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioners on 13.02.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioners apprehend arrest at the hands of the respondent-police for theoffences punishable under Sections 417, 406, 420, 506(1) of IPC, in Crime No.1 of 2025on the file of the respondent-police.3. The case of the prosecution is that the accused persons are said to havereceived a total sum of Rs.42,00,000/- (Rs.18,09,500/- as cash to A1 andRs.23,93,500/- to the account of the petitioners and other accused persons as directedby A1) from the defacto complainant and his relatives in the pretense of securing jobsin State and Central Government Departments However, the accused persons failedto comply with the promise. A1 returned back only a sum of Rs.8,50,000/- to thedefacto complainant. The balance amount a sum of Rs.33,50,000/- was not returnedback. On questioning the same, the accused persons abused the defacto complainantand his wife in filthy language and threatened with dire consequences. Hence, thecase.4. Mr.K.Sivabalan, the learned counsel for the petitioners, submits that the2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2938 of 2025petitioners are innocent persons and they have not committed any offence as allegedby the prosecution and they have been falsely implicated in this case. He furthersubmits that no amount is payable by the petitioners to the defacto complainant. He,however, submits that the petitioners are ready to abide by any conditions to beimposed by this Court. He therefore prays for grant of pre-arrest bail to thepetitioners.5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side),appearing for the respondent-police, submits that a total sum of Rs.42,00,000/- isinvolved in this case and that the accused persons only returned a sum ofRs.8,50,000/- to the defacto complainant. Therefore, he contends that, if thepetitioners are granted pre-arrest bail, they will cause threat to the defactocomplainant and all other victims and hence, the custodial interrogation of thepetitioners is necessary in this case. Accordingly, he prays to dismiss this CriminalOriginal Petition.6. Heard on both sides. This Court has perused the records. 7. The petitioners have permanent residence and deep roots in the society andtherefore, there is less possibility for absconding. In view of the offence allegedagainst the petitioners, this Court is of the view that the custodial interrogation of thepetitioners is not necessary in this case. Considering the same and also taking into3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2938 of 2025account of the fact that the petitioners are ready to deposit a sum of Rs.5,00,000/-(Rupees Five Lakhs only), this Court is inclined to grant an order of pre-arrest bail tothe petitioners subject to the following conditions.(i) The petitioners shall be released on pre-arrest bail in the event of their arrestor in the event of their surrender before the learned Judicial Magistrate No.I, Trichy,within a period of 15 days from date on which the order copy is made ready, onexecuting a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each alongwith two sureties each for a like sum of Rs.50,000/- (Rupees Fifty Thousand only) tothe satisfaction of the learned Judicial Magistrate No.I, Trichy.(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 petitioners shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhsonly) to the credit of the Crime No.1 of 2025 on the file of the respondent police,before the learned Judicial Magistrate No.I, Trichy, within a period of eight weeksfrom the date of receipt of a copy of this order. In turn, the learned JudicialMagistrate shall deposit the said amount in a nationalized Bank initially for a periodof one year and renew them periodically until the final order / judgment is passed in4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2938 of 2025the case in Crime No.1 of 2025.(iv) The petitioners shall appear and sign before the respondent-police weeklyonce i.e., on every Monday at 10.00 a.m. until further orders.(v) The petitioners shall make themselves available for interrogation by a policeofficer as and when required.(vi) 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 todissuade him from disclosing such facts to the Court or to any police officer.(vii) The petitioners shall not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence.(viii) The petitioners shall not leave India without the previous permission ofthe Court.(ix) The petitioners shall furnish their 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 petitioners 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]. 5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2938 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 20/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. PAL TO1 THE JUDICIAL MAGISTRATE NO.ITRICHY.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATETRICHY3 THE INSPECTOR OF POLICE,CCB,TRICHY DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.SIVABALAN, Advocate ( SR-1950[I] dated 21/02/2025 )6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2938 of 2025 ORDER IN CRL OP(MD) No.2938 of 2025 Date :20/02/2025 SS/SKN/SAR- /10/03/2025/ 7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7