High Court · 2025

CRL OP (MD) No.5463 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 01/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.5463 of 2025Senthilkumar,S/o.Palanisamy, No.62, Selva Vinayagar 2nd Street, Now Residing at Meenatchiyamman 11th Street, Suryanagar, K.Pudur, Madurai 625 007. ... Petitioner/Accused No.3 VsThe State of Tamil Nadu,Rep by the Sub Inspector of Police, Thiruppuvanam Police Station, Sivagangai District. Crime No.59/2025. ... Respondent/Complainant For Petitioner : Mr.Gururamkumar. M, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5463 of 2025 PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For Bail in Crime No.59 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 21.03.2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.3 was arrested and remanded to judicial custodyon 09.02.2025 for the offences punishable under Sections 316(2), 318(2), 318(4) of BNS,2023 in Crime No.59 of 2025, on the file of the respondent-police. 3. The case of the prosecution is that the petitioner, along with other accusedpersons, pledged fake jewels amounting to about 42 sovereigns in a bank andreceived a sum of Rs.15,72,000/-. Hence, the case.4. Mr.M.Gururamkumar, learned counsel appearing for the petitioner, submitsthat the petitioner has not committed any offence as alleged by the prosecution andthat a false case has been foisted against the petitioner. He further submits that therespondent-police, without conducting proper enquiry, falsely registered a caseagainst the petitioner. He further submits that the petitioner was arrested andremanded to judicial custody on 09.02.2025 and is ready to abide by any conditionsthat may be imposed by this Court. He further submits that the petitioner is ready2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5463 of 2025and willing to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) before thelearned District Munsif cum Judicial Magistrate, Thiruppuvanam. Therefore, heprays for granting bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that totally, there are three accusedpersons in this case and the petitioner has been arrayed as Accused No.3. He furthersubmits that the petitioner and other accused persons obtained a loan ofRs.15,72,000/- from the bank by pledging fake jewels and cheated the bank. Hefurther submits that if bail is granted to the petitioner, he will commit the similaroffence again. Hence, he strongly opposes to grant bail to the petitioner.6. Heard on both sides. This Court has perused the case file.7. The petitioner was arrested and remanded to judicial custody on 09.02.2025.The petitioner has permanent residence, and hence, there is less possibility ofabsconding. Considering the same, and also considering the period of incarceration,and taking note of the submission made by the learned counsel for the petitioner thatthe petitioner is ready and willing to deposit a sum of Rs.1,00,000/- (Rupees OneLakh only) before the learned District Munsif cum Judicial Magistrate,Thiruppuvanam, and with a view to give an opportunity to the petitioner to reformhimself, this Court is inclined to grant bail to the petitioner, however, subject to3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5463 of 2025certain conditions. Accordingly, bail is granted to the petitioner subject to thefollowing 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 District Munsif cumJudicial Magistrate, Thiruppuvanam;(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 District Munsif cum Judicial Magistrate,Thiruppuvanam, shall obtain a copy of any one of identity proofs to ensure theiridentity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned District Munsif cum Judicial Magistrate, Thiruppuvanam;(iv) The petitioner shall appear and sign before the Judicial Magistrate,Thirupuvanam, weekly thrice (i.e., on Monday, Wednesday and Friday) at 10.30 a.m.,until further orders;(v) The petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only)to the credit of Crime No.59 of 2025 on the file of the respondent-police, before thelearned District Munsif cum Judicial Magistrate, Thiruppuvanam. In turn, the learned4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5463 of 2025Judicial Magistrate shall deposit the said amount in an interest-bearing Fixed Depositin any nationalized Bank initially for a period of one year and renew themperiodically until the final order / judgment is passed in the case in Crime No.59 of2025. The learned Judicial Magistrate/Trial Court shall pass orders qua entitlement ofthe said amount in its final order/judgment;(vi) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vii) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected;(viii) 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;(ix) The petitioner shall not, directly or indirectly, cause any threat to thedefacto complainant and witnesses; and(x) On breach of any of the aforementioned conditions, the learned DistrictMunsif cum Judicial Magistrate, Thiruppuvanam, is entitled to pass appropriateorders against the petitioner in accordance with law as if the aforementionedconditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K.5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5463 of 2025Shaji vs. State of Kerala [(2005) 13 SCC 283].8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 01/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. TSGTO1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUPPUVANAM.2 DO THROUGH THE CHIEF JUDICIALMAGISTRATE, SIVAGANGAI DISTRICT.3 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.4 THE SUB INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.M.GURURAMKUMAR, Advocate ( SR-3785[I] dated 02/04/2025 )6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5463 of 2025 ORDER IN CRL OP(MD) No.5463 of 2025 Date :01/04/2025SA/SAR. /02.04.2025/7P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7