High Court · 2025

CRL OP (MD) No.4033 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 14/03/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.4033 of 2025Sakthi Ganesh... Petitioner/Accused No.3 VsThe State of Tamil Nadu,Rep. by the Inspector of Police,CCB, Madurai.Crime No. 2 of 2025 ... Respondent/ComplainantMurugan... Petitioner/Intervener/Defacto Complainant In Crl.MP(MD).3286/2025 in Crl.OP(MD).4033/2025For Petitioner: Mr.Nagul Samy, Advocate.For Respondent: Mr.R.Meenakshi Sundaram, Additional Public ProsecutorFor Intervener: Mr.Kalidos Advocate PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For bail in Crime No. 2 of 2025 on the file of the Respondent -Police.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4033 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 28.02.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/A3 was arrested and remanded to judicial custody on30.01.2025 for the offences punishable under Sections 61(2), 296, 318(4) and 351(2) ofBharatiya Nyaya Sanhita, 2023, in Crime No.2 of 2025 on the file of the respondent-police.3. The case of the prosecution is that the defacto complainant approached A1through A2 regarding the purchase of a house property. A1 showed a house atVellakovil, and the sale price was fixed at Rs.1,00,00,000/-. As instructed by A1,the defacto complainant sent amounts to various accounts both then and there,and in total, he sent Rs.1,00,95,500/-. Even after receiving the amount, since theexecution of the sale deed was delayed for a long time, on 20.12.2024, the defactocomplainant went to A1's house and insisted to register the sale deed. At that point,the family members of A1 abused the defacto complainant in filthy language andcriminally intimidated him. As per A1's instructions, the defacto complainant sentmoney to A2 also, who in turn transferred a sum of Rs.7,68,400/- to the account of thepetitioner/A3 on various dates, from 11.06.2023 to 07.02.2024. Hence, the complaint. 2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4033 of 20254. Mr.Nagul Samy, learned counsel appearing for the petitioner, submits thatthe petitioner is an innocent person, he has not committed any offence as alleged bythe prosecution, and a false case has been foisted against the petitioner. He furthersubmits that he is ready to abide by any conditions that may be imposed by thisCourt, and to show his bona fide, he is ready and willing to deposit a sum ofRs.5,00,000/-. He further submits that the petitioner has been in incarceration since30.01.2025. Therefore, he prays for granting bail to the petitioner.5. Per contra, Mr.G.Kalidas, the learned counsel for the intervener, submits thatif the petitioner is enlarged on bail, he will cause threat to life of the defactocomplainant and his family members. Hence, he opposes to grant pre-arrest bail tothe petitioners. 6. Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearingfor the respondent-Police, submits that the petitioner is none other than the son of A1,and the amount involved in this crime is very large. He further submits that if thepetitioner is released on bail, he may abscond and tamper the witnesses. herefore, hevehemently opposes to grant bail to the petitioner.7. Heard on both sides. This Court has perused the records including the FirstInformation Report.8. The petitioner has permanent residence and deep roots in the society.3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4033 of 2025Therefore, there is less possibility of absconding. Considering the same, and alsoconsidering the fact that the petitioner has been in judicial custody since 30.01.2025,and taking note of the fact that the petitioner is ready and willing to deposit a sum ofRs.5,00,000/-, and with a view to give an opportunity to the petitioner to reformhimself, this Court is inclined to grant bail to the petitioner, however, subject to thefollowing conditions:(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty FiveThousand only) along with two sureties each for a like sum of Rs.25,000/- (RupeesTwenty Five Thousand only) to the satisfaction of the learned Judicial MagistrateNo.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 No.I, Madurai shall obtain a copy ofany one of identity proofs to ensure their identity;(iii) The petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhsonly) to the credit of Crime No.2 of 2025 before the learned Magistrate No.I, Madurai,without prejudice to his rights and contentions before the Trial Court, and producethe receipt/acknowledgment before the concerned Judicial Magistrate whileexecuting sureties. Upon such deposit, the concerned Magistrate shall place the said4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4033 of 2025amount in a fixed deposit scheme in any one of the Nationalized Banks for a periodof one year, and thereafter, renew the same until the conclusion of the trial. The trialcourt shall pass an order with regard to the deposit to be made by the petitioner inthe final order/judgment;(iv) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate No.I, Madurai; (v) The petitioner shall report before the learned Judicial Magistrate No.I,Madurai, on all working days, at 10.30 am until further orders; (vi) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vii) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected;(viii) 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 or tamper with theevidence;(ix) The petitioner should not enter into the defacto complainant's residence andhis work place until further orders; (x) The petitioner shall not, directly or indirectly, cause any threat to the5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4033 of 2025defacto complainant and witnesses; and (xi) On breach of any of the aforementioned conditions, the learned JudicialMagistrate No.I, Madurai, is entitled to pass appropriate orders against the petitionerin accordance with law as if the aforementioned conditions are imposed by him aslaid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13SCC 283].9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 14/03/2025 / TRUE COPY / 14/03/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. TRPTO1 THE JUDICIAL MAGISTRATE NO.I,MADURAI.2 DO THROUGH THE CHIEF JUDICIALMAGISTRATE, MADURAI DISTRICT.3 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.4 THE INSPECTOR OF POLICE,CCB, MADURAI.6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4033 of 20255 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.4033 of 2025 Date :14/03/2025 SA/SAR. /14.03.2025/7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7