High Court · 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 13.03.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.4649 of 2025Mathiyazhagan ... Petitioner/Accused No.10 VsThe State of Tamil Nadu,Rep. by the Inspector of Police,Avaniyapuram Police Station,Madurai District.Crime No.51 of 2025... Respondent/Complainant For Petitioner : Mr.I.Santhiyanandam For Respondent : Mr.R.Meenakshi Sundaram Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For bail in Crime No.51 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 petitioner on 11.03.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to1/7 https://www.mhc.tn.gov.in/judis grant bail.2. The petitioner /Accused No.10 was arrested and remanded to judicialcustody on 24.01.2025 for the alleged offences punishable under Sections 61(2), 318(4)and 204 of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.51 of 2025 on the file ofthe respondent-police.3. The case of the prosecution is that the defacto complainant was running alimestone quarry in Tirunelveli and was in need of money to purchase machinery.The defacto complainant approached a broker, one Dinesh, at Thatchanallur, who, inturn, introduced him to one Rithish (A1). A1 promised the defacto complainant thathe would arrange a loan of Rs.4,80,00,000/- at a low interest rate. Accordingly, thedefacto complainant sent a copy of the documents for his agricultural lands. A1 askedfor a 3% commission on the above arrangement, which the defacto complainantagreed to. On 23.01.2025, at 10:00 a.m., A1 asked the defacto complainant to come toAmica Hotel at Mandela Nagar, Madurai, along with the commission amount ofRs.14,40,000/-. The defacto complainant, accompanied by two persons, Nallasiva andMadasamy, reached the hotel. There, the defacto complainant saw a car bearingRegistration No.TN 47 AE 0999 parked at the hotel, in which two other persons werepresent. A1 showed two bags, stating that they contained currencies amounting toRs.4.80 crores.2/7 https://www.mhc.tn.gov.in/judis A1 then immediately took the commission amount of Rs. 14,40,000/- from the defactocomplainant. When the defacto complainant asked about the loan amount, A1informed him that he would come to Tirunelveli and pay the amount at the defactocomplainant's office. Nallasiva, who had come with the defacto complainant,accompanied A1 in the Innova car, while Madasamy and the defacto complainantfollowed them in another car. After some time, the Innova car turned towardsThoothukudi Road instead of Tirunelveli Road. The defacto complainant wasinformed that there was a problem at the toll gate, and hence, they were goingtowards Thoothukudi Road. When both cars reached Aruppukottai, three personsemerged from a Bolero car parked by the roadside. One of them was in policeuniform. They inspected the cars and demanded the money that was kept in theInnova car. Two of the persons boarded the Innova car and fled the place, leavingNallasiva behind. The person in police uniform got into the Bolero car and left thelocation. The defacto complainant picked up Nallasiva and followed the Bolero car.While he was contacting A1 to inform him about the incident, A1 told the defactocomplainant to return to Amica Hotel and not to follow the Bolero car. It was at thispoint that the defacto complainant became suspicious and realized that he had beenjointly cheated by the accused persons. Hence, the case.4. Mr.I.Santhiyanandam, the learned counsel appearing for the petitioner,3/7 https://www.mhc.tn.gov.in/judis submits that the petitioner is the friend of A2, and he has been falsely implicated inthis case. He further submits that the petitioner has no previous case and the co-accused persons/A9, A12, A13, A14 and A15 were arrested and released on bail bythis Court. He further submits that the petitioner has been in judicial custody since24.01.2025, and that the petitioner is ready to abide by any conditions that may beimposed by this Court. He therefore prays to grant bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional PublicProsecutor appearing for the respondent-police, submits that out of Rs.14,40,000/-,A1 (Rithish) transferred a sum of Rs.70,000/- to his wife's bank account. The balanceamount of Rs.13,70,000/- was recovered from A1. The petitioner is A10. Thepetitioner has no previous case. He further submits that if the petitioner is enlargedon bail, he, along with other accused persons, commit similar type of offence. Hence,he prays to dismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the records including the FirstInformation Report.7. The petitioner was arrested on 24.01.2025 and has been in judicial custody.Considering the overt act of the petitioner, and also considering the fact that thepetitioner is the friend of A2, and the period of incarceration, and taking note of thefact that the petitioner has no previous case, and with a view to give an opportunity4/7 https://www.mhc.tn.gov.in/judis to the petitioner to reform himself, this Court is inclined to grant bail to the petitioner,however, subject to certain conditions. Accordingly, bail is granted to the petitionersubject to the following 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.VI, 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.VI, Madurai shall obtain a copy ofany one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate No.VI, Madurai;(iv) The petitioner shall appear and sign before the respondent-Police daily at10.30 a.m., until further orders;(v) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vi) The petitioner shall not commit an offence similar to the offence of which heis accused, or suspected, of the commission of which he is suspected;5/7 https://www.mhc.tn.gov.in/judis (vii) 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;(viii) The petitioner shall also not directly or indirectly cause any threat to thedefacto complainant and witnesses and shall not try to contact the defactocomplainant; and(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate No.VI, Madurai is entitled to pass appropriate orders against thepetitioner in accordance with law as if the aforementioned conditions are imposed byhim 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/- 13/03/2025 / TRUE COPY / 14/03/2025 Sub-Assistant Registrar () Madurai Bench of Madras High Court, Madurai - 625 023. 6/7 https://www.mhc.tn.gov.in/judis apdTO1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.4 THE INSPECTOR OF POLICE,AVANIYAPURAM POLICE STATION,MADURAI.5 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+1 CC to M/s.I.SATHIYANANTHAM, Advocate ( SR-2836[I] dated 14/03/2025 ) ORDER IN CRL OP(MD) No.4649 of 2025 Date :13/03/2025NBF/SAR/ (14/03/2025) 7P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/20237/7