High Court · 2025

CRL OP (MD) No.3487 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 01/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.3487 of 20251.M.Navaneetham, W/o.Muruganantham, No.2/394, Kudiyana Street, Sermanallur, Papanasam Taluk, Ukkadai, Thanjavur 614 401.2.Muruganantham, S/o.Kulandhaiyan, No.395, Kudiyana Street, Sermanallur, Papanasam Taluk, Ukkadai, Thanjavur 614 401. ... Petitioners/A1 & A2 VsThe State of Tamil Nadu,Rep by the Inspector of Police, District Crime Branch, Thanjavur Crime No. 2/2025 ... Respondent/Complainant For Petitioners : Mr.A.Parthasarathy, Advocate, for M/s.A.Parthasarathy and Associates For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3487 of 2025 PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For Bail in Crime No.2 of 2025 on the file of the respondent-police.ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioners on 21.02.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grantan order of bail. 2. The petitioners/Accused Nos.1 and 2 were arrested and remanded to judicialcustody on 18.02.2025 for the offences punishable under Sections 420, 294(b), 323 and506(1) of IPC in Crime No.2 of 2025 on the file of the respondent-police. 3. The case of the prosecution is that the defacto complainant is working as ateacher in a Government School, and her late husband, Kailamurthy, was an ex-serviceman. During the year 2021–22, the elder son of the defacto complainantapplied for the NEET exam, wherein her husband's mobile number was mentioned inthe application. In 2022, Accused No.1 contacted the husband of the defactocomplainant, claiming to be a PRO at Dhanalakshmi Srinivasan College,Samayapuram, and assured them of securing a medical seat for their son. Believingher words, the defacto complainant agreed to pay a sum of Rs.25,00,000/- to AccusedNo.1. Subsequently, a sum of Rs.22,20,000/- was paid in cash to A1 and transferred tothe bank accounts of the other accused persons on various dates. Meanwhile, the2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3487 of 2025husband of the defacto complainant passed away on 30.08.2022. Later, the defactocomplainant admitted her son to the college as per the instruction of Accused No.1and remitted Rs.1,01,000/-, along with submitting all the original documents.However, the college authorities later insisted that she remit the remaining tuitionfees. When the defacto complainant informed them that she had already paid theamount to Accused No.1, the college authorities stated that no such payment hadbeen received. Upon realizing this, the defacto complainant contacted Accused No.1,who subsequently repaid only a sum of Rs.4,00,000/- to her. However, on 20.11.2023,when the defacto complainant visited the house of Accused No.1 to collect theremaining amount, Accused No.1 abused her in filthy language, physically assaultedher, and pushed her by holding her neck. Hence, the case.4. Mr.A.Parthysarathy, learned counsel appearing for the petitioners, submitsthat the first and second petitioners are husband and wife and that they have notcommitted any offence as alleged by the prosecution. He further submits that thepetitioners are ready to abide by any conditions that may be imposed by this Court.He further submits that the petitioners have been in judicial custody since 18.02.2025.Hence, he prays to grant bail to the petitioners.5. Per contra, Mr.R.Meenaksi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that the petitioners have cheated the3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3487 of 2025defacto complainant and her son to the tune of Rs.22,20,000/- and that out of the saidamount, they have repaid only a sum of Rs.4,00,000/-. However, the remainingamount of Rs.18,20,000/- has not yet been repaid by the accused persons. He furthersubmits that if bail is granted to the petitioners, they may cause threat to the defactocomplainant and witnesses. Hence, he vehemently opposes to grant bail to thepetitioners.6. Heard on both sides. This Court has perused the records.7. It is stated that the petitioners are ready to produce the property document ofthe first petitioner's brother dated 23.01.2015. The petitioners were arrested and havebeen in judicial custody since 18.02.2025. On perusing the records, it reveals the factthat the petitioners have permanent residence, and hence, there is less possibility ofabsconding. Considering the above, and taking note of the fact that further custody ofthe petitioners is not necessary for the investigating agency and with a view to givean opportunity to the petitioners to reform themselves, this Court is inclined to grantbail to the petitioners, however, subject to certain conditions. Accordingly, bail isgranted to the petitioners subject to the following conditions:(i) The petitioners shall execute a bond for Rs.10,000/- (Rupees Ten Thousandonly) each along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand Only) to the satisfaction of the learned District Munsif cum Judicial4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3487 of 2025Magistrate, Thiruvidaimaruthur;(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 District Munsif cum Judicial Magistrate,Thiruvidaimaruthur, shall obtain a copy of any one of identity proofs to ensure theiridentity;(iii) The brother of the first accused, viz., Sasivel shall appear before the learnedDistrict Munsif cum Judicial Magistrate, Thiruvidaimaruthur and hand over theoriginal settlement deed bearing Document No.120/2015 S.R.O./sa.ba.aaMaharnonbusavadi, dated 23.01.2015 standing in the name of Sasivel as a security.(iv) The petitioners shall furnish their residential address and mobile number tothe learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur;(v) The petitioners shall appear and sign before the learned District Munsif cumJudicial Magistrate, Thiruvidaimaruthur on all working days at 10:30 a.m., untilfurther orders;(vi) The petitioners shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vii) The petitioners shall not commit an offence similar to the offence of whichthey are accused, or suspected, of the commission of which they are suspected;5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3487 of 2025(viii) 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 dissuadethem from disclosing such facts to the Court or to any police officer or tamper withthe evidence;(ix) The petitioners shall not directly or indirectly cause any threat to thedefacto complainant or her son either directly or through their men and agents; (x) The petitioners shall not enter into the residence of the defacto complainantand her workplace; and (xi) On breach of any of the aforementioned conditions, the learned DistrictMunsif cum Judicial Magistrate, Thiruvidaimaruthur is entitled to pass appropriateorders against the petitioners in accordance with law as if the aforementionedconditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) 13 SCC 283].8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 01/04/2025 / TRUE COPY / 02/04/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023. 6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3487 of 2025TSGTO1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE,THIRUVIDAIMARUTHUR.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICTAT KUMBAKONAM.3 THE OFFICER INCHARGE,SPECIAL PRISON FOR WOMEN AT TRICHY.4 THE OFFICER INCHARGE, PRISON BORSTAL SCHOOL AND DISTRICT JAILAT PUDUKKOTTAI.5 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THANJAVUR.6 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.3487 of 2025 Date :01/04/2025NBF/SAR/ (02/04/2025) 7P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20237/7