High Court · 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 18.03.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.4744 of 2025Ramar ... Petitioner/Accused No.3 VsThe State of Tamil Nadu,Rep. by the Inspector of Police,Jaihindpuram Police Station,Madurai District.Crime No.143 of 2025 ... Respondent/Complainant For Petitioner : Mr.M.Arunkumar, Advocate For Respondent : Mr.R.Meenakshi Sundaram Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For bail in Crime No.143 of 2025 on the file of the respondent-police.1/8 https://www.mhc.tn.gov.in/judis 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 togrant bail.2. The petitioner/Accused No.3 was arrested and remanded to judicial custodyon 30.01.2025 for the alleged offences punishable under Sections 318(4), 336(2), 336(3),340(2), 341(2), 341(3) and 61(2) of Bharatiya Nyaya Sanhita (BNS), 2023 in CrimeNo.143 of 2025 on the file of the respondent-police.3. The case of the prosecution is that the defacto complainant and A2 and A3,who are doing real estate business, are known persons. A2 and A3 approached thedefacto complainant in order to sell a property, which is owned, by one MohammedHussain, who is said to have been died, by his wife, namely, Syed Ali Fathima/A1.The A1 told the defacto complainant that the original document of the said propertywas mortgaged for a sum of Rs.3,00,000/- and if the defacto complainant gave a sumof Rs.3,00,000/- as advance, she would redeem the same and the sale considerationwas fixed as Rs.40,00,000/-. On 03.10.2022, the defacto complainant paid a sum of2/8 https://www.mhc.tn.gov.in/judis Rs.3,00,000/- and entered into an agreement. Again, on 29.12.2022, a sum ofRs.11,00,000/- was paid by the defacto complainant to A1 and entered into anotheragreement. However, A1 refused to register the sale deed in favour of the defactocomplainant. When the defacto complainant went to the house of A1 to enquire aboutthe registration of the sale deed, he came to know that the husband of A1 is alive andhe is working in abroad. Thereafter, when the defacto complainant contacted A1 overphone, she abused him and also refused to return the money and also to register thesale deed. The original documents are in custody of the defacto complainant. Hencethe case.4. Mr.M.Arunkumar, the learned counsel appearing for the petitioner submitsthat the petitioner is an innocent person, and he has not committed any offence asalleged by the prosecution. He further submits that the petitioner has been falselyimplicated in this case. He further submits that the petitioner has been in judicialcustody since 30.01.2025, and that he is ready to abide by any stringent conditionsthat may be imposed 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 the petitioner3/8 https://www.mhc.tn.gov.in/judis introduced A1 to the defacto complainant and the petitioner colluded with otheraccused persons forged the death certificate, legal heir certificate of the saidMohammed Hussain. He further submits that if this Court grants bail to thepetitioner, he will commit similar type of offence and that further custody of thepetitioner is necessary. Accordingly, he prays to dismiss this Criminal OriginalPetition.6. Heard on both sides. This Court has perused the records.7. The petitioner was arrested on 30.01.2025 and has been in judicial custody.The petitioner has permanent residence and deep roots in the society. Hence, there isless possibility of absconding. Considering the same, and also considering the overtact of the petitioner and the period of incarceration, and with a view to give anopportunity to the petitioner to reform himself, this Court is inclined to grant bail tothe petitioner, however, subject to certain conditions. Accordingly, bail is granted tothe petitioner subject to the following conditions:(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousandonly) along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned Judicial Magistrate No.IV, Madurai;4/8 https://www.mhc.tn.gov.in/judis (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.IV, Madurai shall obtain a copy ofany one of identity proofs to ensure their identity;(iii) The petitioner shall deposit a sum of Rs.50,000/- to the credit of the CrimeNo.143 of 2025 before the learned Judicial Magistrate No.IV, Madurai. In turn, thelearned Judicial Magistrate No.IV Madurai, shall deposit the same in an interest-bearing Fixed Deposit in any nationalized bank initially for a period of one year andrenew the same till the disposal of the case;(iv) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(v) 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;5/8 https://www.mhc.tn.gov.in/judis (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 or tamper with theevidence;(vii) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate No.IV, Madurai;(viii) The petitioner shall appear and sign before the respondent-police weeklyonce i.e., on every Monday at 10.30 a.m., until further orders;(ix) The petitioner shall not enter into the defacto complainant's house orworkplace, and shall also not try to contact the defacto complainant either directlyor through any electronic mode; and(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate No.IV, 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].6/8 https://www.mhc.tn.gov.in/judis

8. Learned Judicial Magistrate/Trial Court shall pass a final order qua theentitlement of the deposit amount in its final order/judgment. 9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra.Sd/- 18/03/2025 / TRUE COPY / 19/03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. apd/jenTO1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.2 DO-THROUGH-THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.3 THE INSPECTOR OF POLICE, JAIHINDPURAM POLICE STATION, MADURAI DISTRICT. 7/8 https://www.mhc.tn.gov.in/judis 4 THE OFFICER INCHARGE, SUB JAIL, MELUR5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.4744 of 2025 Date :18/03/2025 ES/19.03.2025/8P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 8/8