High Court · 2025

CRL.OP(MD). No.4047 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 18.03.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.4047 of 2025Binu... Petitioner / Accused No.2Vs.The State of Tamil Nadu rep byThe Inspector of Police,Pazhugal Police Station,Kanyakumari District.(Crime No.111 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.111 of 2024 on the file of the respondent police.For Petitioner :Mr.K.Althaf Sheriff,Advocatefor M/s.Ajmal AssociatesFor 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 28.02.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4047 of 2025to grant an order of pre-arrest bail.2. The petitioner apprehends arrest at the hands of the respondent-police for theoffences punishable under Sections 420, 294(b) and 506(1) of Indian Penal Code, 1860,in Crime No.111 of 2024 on the file of the respondent-police.3. The case of the prosecution is that defacto complainant has filed a complaintagainst the petitioner (A2) and another person, alleging that the petitioner is hisfellow villager. He further claims that the petitioner informed him that his friend(A1), had influence over government officials and could secure a job for the defactocomplainant's son in the Central Railway Department. Allegedly, the petitionerconveyed to the defacto complainant that a sum of Rs.12,00,000/- had to be paid toA1 for this purpose. Believing this representation, the defacto complainanttransferred Rs.6,00,000/- to A1 via bank transaction, while the remainingRs.6,00,000/- was allegedly handed over by the petitioner to A1 at the defactocomplainant’s request. Additionally, the defacto complainant claims to have paidinterest to the petitioner from September 2021 to July 2022. The defacto complainantfurther alleges that since A1 failed to secure the promised government job for his son,he demanded a refund of the amount paid. Consequently, A1 agreed to repayRs.7,00,000/- on 20.01.2022 and Rs.5,00,000/- on 30.03.2022, executing a promissorynote in favour of the defacto complainant’s son. Furthermore, it is alleged that when2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4047 of 2025the defacto complainant questioned the petitioner regarding the matter, the petitionerabused the defacto complainant in filthy language. Hence, the case.4. Mr.K.Althaf Sheriff, the learned counsel for the petitioner, submits that thepetitioner is an innocent person and she has not committed any offence as alleged bythe prosecution. He further submits that the petitioner has been falsely implicated inthis case. He however submits that the petitioner is ready to abide by any conditionsto be imposed by this Court. Accordingly, he prays to grant an order 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 was a money disputebetween the parties. He further submits that there are no previous cases against thepetitioner. He further submits that the petitioner along with other accused personscheated the defacto complainant. He further submits that if pre-arrest bail is grantedto the petitioner, she will cause threat to the defacto complainant and tamper withthe evidence. He therefore prays to dismiss 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. Hence,there is less possibility of absconding. Considering the same and also considering thefact that the petitioner is a first offender and taking into account of the fact that the3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4047 of 2025petitioner is ready to deposit a sum of Rs.1,50,000/- (Rupees One Lakh and FiftyThousand Rupees) 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 arrest orin the event of her surrender before the learned Judicial Magistrate No.I, Kuzhithurai,within a period of 15 days from the 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,Kuzhithurai.(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.1,50,000/- (Rupees One Lakh andFifty Thousand Rupees) to the credit of the Crime No.111 of 2024 on the file of therespondent-police, before the learned Judicial Magistrate No.I, Kuzhithurai, within aperiod of three weeks from the date on which the order copy is made ready. In turn,4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4047 of 2025the 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.111 of 2024. The learned Judicial Magistrate or Trial Court shall pass orders quoentitlement of the said amount in its final order or Judgment. (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 herself 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 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 of theCourt.(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 Judicial5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4047 of 2025Magistrate 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. State ofKerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 18/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. PALTO1 THE JUDICIAL MAGISTRATE NO. IKUZHITHURAI.2 DO-THROUGHTHE CHIEF JUDICIAL MAGISTRATE,KANNIYAKUMARI DISTRICT @ NAGERCOIL.3 THE INSPECTOR OF POLICE, PAZHUGAL POLICE STATION, KANYAKUMARI DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4047 of 2025+1 CC to M/s.M/S.AJMAL ASSOCIATES, Advocate ( SR-3088[I] dated 19/03/2025 ) ORDER IN CRL OP(MD) No.4047 of 2025 Date :18/03/2025 HPS/SAR / 04.04.2025/7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 7/7