High Court · 2025

CRL.OP(MD). No.4138 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 18.03.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.4138 of 20251.Vaikundaraja2.Mariselvam3.Chellam... Petitioners / Accused Nos.1 to 3Vs.The State of Tamil Nadu rep byThe Inspector of Police,Kadayam Police Station,Tenkasi District.(Crime No.82 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.82 of 2025 on the file of the respondent-police.For Petitioners :Mr.P.P.Alwin Balan,AdvocateFor 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 petitioners on 04.03.20251/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4138 of 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 forthe offences punishable under Sections 406, 420, 294(b) of IPC, in Crime No.82 of2025 on the file of the respondent-police.3. The case of the prosecution is that the defacto complainant is an NRI, and thefirst petitioner is a building contractor. In 2015, the first petitioner promised toconstruct a first floor in the defacto complainant’s house, with a plinth area of 1033.5sq. ft., at the rate of Rs.1,100 per sq. ft., using good-quality materials. As per the firstpetitioner's demand, the defacto complainant made the following paymentsRs.11,00,000 in 2015, Rs.9,00,000 in 2016, and Rs.1,00,000 in 2017, totalingRs.21,00,000. When the defacto complainant visited his house in 2016, he found thatthe construction had been carried out using substandard materials, and there werehorizontal cracks on the walls of the building. On 24.04.2023, when measurementswere taken, the total area of the first floor was found to be 1102 sq. ft., and the actualconstruction cost was estimated at Rs.12,12,200/-. However, the first petitioner hadreceived an additional payment of Rs.8,87,800/-. The first petitioner acknowledgedthis, and consequently, the second petitioner executed a promissory note on01.05.2023. Subsequently, on 11.05.2023, when the defacto complainant met the first2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4138 of 2025petitioner and demanded the refund, the second petitioner allegedly threatened himwith dire consequences with the intent to cheat him. As the respondent-police did nottake the complaint on file, the defacto complainant filed a petition in Crl.M.P.No.1293 of 2024, seeking a direction under Section 156(3) Cr.P.C. Pursuant to theJudicial Magistrate, Tenkasi's direction, the present FIR in Crime No.82 of 2025 wasregistered.4. Mr.P.P.Alwin Balan, the learned counsel for the petitioners, submits that thepetitioners are innocent persons, they have not committed any offence as alleged bythe prosecution and he submits that a false case has been foisted against thepetitioners. He further submits that no injury was caused 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 the petitioners have been arrayedas A1 to A3. He further submits that there are no previous cases against thepetitioners. He further submits that if pre-arrest bail is granted to the petitioners, theywill cause threat to the defacto complainant and tamper with the evidence and thatcustodial interrogation of the petitioners is necessary in this case to unearth the truth.3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4138 of 2025Accordingly, he prays to dismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the records. 7. Considering the facts and circumstances of the case and considering the overtact allegedly committed by the petitioners, and taking note of the fact that thepetitioners are first offenders and with a view to give an opportunity to thepetitioners to reform themselves, this this Court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions:(i) The petitioners shall be released on bail in the event of their arrest or in theevent of their surrender before the learned Judicial Magistrate, Tenkasi, within aperiod of 15 days from the date on which the order copy is made ready, on executinga bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each alongwith two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousandonly) to the satisfaction of the learned Judicial Magistrate, Tenkasi.(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 appear and sign before the respondent-police weeklyonce i.e., on every Sunday at 10.00 a.m., until further orders.4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4138 of 2025(iv) The petitioners shall make themselves available for interrogation by apolice officer as and when required.(v) The petitioners 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.(vi) The petitioners shall also not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence. (vii) The petitioners shall not leave India without the previous permission ofthe Court. (viii) The petitioners shall not enter into the defacto complainant's house orhis/her work place.(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. State ofKerala [(2005) 13 SCC 283]. 5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4138 of 20258. 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 MAGISTRATETENKASI2 DO-THROUGHTHE CHIEF JUDICIAL MAGISTRATE,TENKASI.3 THE INSPECTOR OF POLICE,KADAYAM POLICE STATION,TENKASI DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.P.P.ALWIN BALAN, Advocate ( SR-3189[I] dated 20/03/2025 )6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4138 of 2025 ORDER IN CRL OP(MD) No.4138 of 2025 Date :18/03/2025 HPS/SAR / 03.04.2025/7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 7/7