High Court · 2025

CRL.OP(MD). No.5317 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 23.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.5317 of 2025G.Sumathy... Petitioner / Accused No.2Vs.The State of Tamil Nadu rep byThe Inspector of Police,District Crime Branch,Theni,Theni District.(Crime No.13 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 thepetitioner in Crime No.13 of 2025 on the file of the respondent police.For Petitioner :Mr.K.Baskaran,AdvocateFor Respondent:Mr.S.S.Manoj,Government Advocate(Criminal Side)For Intervener:Mr.K.Sathish Kumar,Advocate1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5317 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 19.03.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioner apprehends arrest at the hands of the respondent-police forthe offences punishable under Sections 417, 420, 468, 471 and 120B of Indian PenalCode, 1860, in Crime No.13 of 2025 on the file of the respondent-police.3. The case of the prosecution is that Accused No.1 is a friend of the husbandof the de-facto complainant's sister. The husband of the de-facto complainant's sisterengaged Sooraj (A1) to secure a Government Teacher job for his wife. Since the de-facto complainant is the brother, he made a payment of Rs. 88,01,916/- to A1 forsecuring the said Government job. However, the de-facto complainant's sister didnot receive the promised Government job. It is further alleged that the petitioner,who is the mother of A1, conspired with A1 and cheated the de-facto complainant ofthe said amount. Hence, the case.4. Mr.K.Baskaran, the learned counsel for the petitioner, submits that thepetitioner is an innocent person and she has not committed any offence as allegedby the prosecution. He further submits that the petitioner has been falselyimplicated in this case. He however submits that the petitioner is ready to abide any2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5317 of 2025conditions to be imposed by this Court. Accordingly, he prays to grant an order ofpre-arrest bail to the petitioner.5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side)appearing for the respondent-police, submits that there are totally two accusedpersons in this case and the petitioner has been arrayed as A2. He further submitsthat there are no previous cases against the petitioner. He further submits that thepetitioner along with A1 cheated the defacto complainant. He further submits that ifpre-arrest bail is granted to the petitioner, she will cause threat to the defactocomplainant and tamper with the evidence. He therefore prays to dismiss thisCriminal Original Petition. 6. Mr.K.Sathish Kumar, the learned counsel for the intervener / defactocomplainant submits that the petitioner along with her son (A1), has cheated a sumof Rs.88,01,916/- from the defacto complainant and his brother-in-law by falselypromising to secure a Government job for the defacto complainant's sister at theBatlagundu Government School. He further submits that it is a clear case of cheatinginvolving the creation of forged Government job order documents. He furthersubmits that further custodial interrogation of the accused is necessary in this case.He therefore prays to dismiss this Criminal Original Petition. 3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5317 of 20257. Heard the learned counsel on either side. This Court has perused therecords. 8. This Court has perused the FIR. The petitioner herein is the mother of A1. Inview of the averments made in the FIR and considering the overt act as alleged inthe FIR, this Court is of the view that custodial interrogation of the petitioner is notrequired for the investigation agency. Further the petitioner has permanentresidence and deep roots in the society. Hence, there is less possibility ofabsconding. Considering the same and also considering the fact that the petitioner isa first offender and with a view to give an opportunity to the petitioner to reformherself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly,pre-arrest bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall be released on pre-arrest bail in the event of her arrestor in the event of her surrender before the learned Judicial Magistrate, Theni, withina period of 15 days from the date on which the order copy is made ready, onexecuting a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty FiveThousand only) to the satisfaction of the learned Judicial Magistrate, Theni.(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5317 of 2025Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one ofidentity proofs to ensure their identity. (iii) The petitioner shall appear and sign before the respondent-police daily at10.00 a.m. until further orders.(iv) The petitioner shall furnish details of all properties owned by thepetitioner, as well as properties standing in the name of A1 and any familyproperties, to the respondent-police. (v) The petitioner shall make herself available for interrogation by a policeofficer as and when required.(vi) The petitioner 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 petitioner shall also not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence.(viii) The petitioner shall not leave India without the previous permission ofthe Court.(ix) The petitioner shall furnish her residential address and mobile number tothe concerned Magistrate.5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5317 of 2025(x) The petitioner shall not enter the residence or workplace of the de-factocomplainant and shall not attempt to contact her either directly, indirectly, orthrough any electronic mode.(xi) 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 petitioner 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]. 9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Sd/-// True Copy // /05/2025Sub Assistant Registrar( CS-I / II / III / IV )Madurai Bench of Madras High Court,Madurai.pal 6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5317 of 2025To1.The Judicial Magistrate, Theni.2.Do Through The Chief Judicial Magistrate, Theni.3.The Inspector of Police, District Crime Branch, Theni, Theni District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.CRL.OP(MD). No.5317 of 202523.04.2025 KVL - ( 27.05.2025) 7P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7