High Court · 2025

CRL.OP(MD). No.4245 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 02.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.4245 of 20251.Anand2.Santhi... Petitioners / Accused Nos.1 & 2Vs.The State of Tamil Nadu rep byThe Sub-Inspector of Police,Rajapalayam Police Station,Virudhunagar District.(Crime No.89 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.89 of 2025 on the file of the respondent-police.For Petitioners : Mr.M.Murugan, AdvocateFor Respondent:Mr.R.Meenakshi Sundaram,Additional Government PleaderORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioners on 05.03.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying1/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4245 of 2025to grant an order of pre-arrest bail.2. The petitioners apprehend arrest at the hands of the respondent-Police for theoffences punishable under Sections 316(2), 318(4) of BNS, 2023, in Crime No.89 of2025 on the file of the respondent-police.3. The case of the prosecution is that on 13.10.2024, the petitioners met the de-facto complainant by chance and offered her a lift in their car. While travelling, thede-facto complainant shared her hardships with the petitioners, who then assuredher that they could help her secure a job as a Sanitary Supervisor at Rajapalayam orSrivilliputtur. The petitioners subsequently demanded a sum of Rs. 4,00,000/- forarranging the job. Believing their assurances, the de-facto complainant gaveRs.15,000/- as cash and Rs.40,000/- from bank account. Additionally, they obtainedanother sum of Rs.2,00,000/- by pledging the de-facto complainant’s gold ornaments.However, the petitioners failed to arrange any job, and hence, the de-factocomplainant lodged a complaint with the respondent-police. Hence, the case.4. Mr.M.Murugan, the learned counsel appearing for the petitioners, submitsthat the petitioners are innocent persons and that they have not committed anyoffence as alleged by the prosecution. He further submits that a false case has beenfoisted against the petitioners. He further submits that there are no previous casesagainst the petitioners. He however submits that the petitioners are ready to abide by2/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4245 of 2025the conditions that may be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioners. 5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (CriminalSide) appearing for the respondent-Police, submits that the petitioners have beenarrayed as A1 and A2. He further submits that the petitioners had promised to securea job for the defacto complainant and had received money and subsequently cheated.He however submits that if this Court grants pre-arrest bail to the petitioners, theywill commit similar type of offence and cause threat to the defacto complainant andwitnesses. Hence, he prays to dismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the records. 7. In view of the nature of the offence allegedly committed by the petitioners,this Court is of the opinion that the custodial interrogation of the petitioners is notnecessary for the investigation agency in this case. Further, the petitioners havepermanent residence and hence, there is less possibility of absconding. Consideringthe same and also considering the facts and circumstances of the case and the factthat the petitioners are first offenders and also taking into account of the fact that thepetitioners are ready to deposit a sum of Rs.1,25,000/- (Rupees One Lakh andTwenty Five Thousand only) and with a view to give an opportunity to thepetitioners to reform themselves, this Court is inclined to grant an order of pre-arrest3/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4245 of 2025bail 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 Court, Rajapalayam,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.10,000/- (Rupees Ten Thousand only) each alongwith two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) tothe satisfaction of the learned Judicial Magistrate Court, Rajapalayam.(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.1,25,000/- (Rupees One Lakh andTwenty Five Thousand only) (each Rs.62,500/-) to the credit of Crime No.89 of 2025,before the Judicial Magistrate Court, Rajapalayam. In turn, the Judicial MagistrateCourt, Rajapalayam, is directed to deposit the same, in an interest-bearing FixedDeposit, in any nationalized bank, initially for a period of one year, and renew them,till the conclusion of the case. The learned Judicial Magistrate or Trial Court shallpass orders qua entitlement of the said amount in its final order / Judgment.4/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4245 of 2025(iv) The petitioners shall appear and sign before the respondent-police daily at09.00 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 also 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]. 5/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4245 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 02/04/2025 / TRUE COPY / 30/04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. palTo1.The Judicial Magistrate Court, Rajapalayam.2. The Chief Judicial Magistrate, Rajapalayam.3.The Sub-Inspector of Police, Rajapalayam Police Station, Virudhunagar District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai. ORDER IN CRL OP(MD) No.4245 of 2025 Date :02/04/2025PP/SAR. /02.05.2025/6P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6