High Court · 2025

CRL OP (MD) No.5825 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 01/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.5825 of 2025Rajabudeen,S/o.Gulam Mohamed,No.4, Bose Road 4th Street,Sivagangai,Sivagangai District.... Petitioner/Accused No.2VsThe State of Tamil Nadu,Rep by the Sub Inspector of Police,District Crime Branch,Virudhunagar.Crime No.7 of 2024.... Respondent/ComplainantFor Petitioner : Mr.R.Ponkarthikeyan, AdvocateFor Respondent : Mr.R.Meenakshi Sundaram, Additional Public ProsecutorFor Intervener : Mr.S.Balaji, AdvocatePETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For Bail in Crime No.7 of 2024 on the file of the Respondent-Police.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5825 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 26.03.2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner / Accused No.2 was arrested and remanded to judicialcustody on 01.03.2025 for the offences punishable under Sections 120B, 406, 420 and506(1) of IPC in Crime No.7 of 2024 on the file of the respondent-police. 3. The case of the prosecution is that the petitioner, along with other accusedpersons, received a sum of Rs.18,83,000/- from the defacto complainant under thepretense of securing a government job for his son. However, the accused personsneither repaid the amount nor secured a job for the defacto complainant's son.Hence, the case.4. Mr.R.Ponkarthikeyan, 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 in this caseon 01.03.2025 and is ready to abide by any conditions that may be imposed by thisCourt. He further submits that the petitioner is ready and willing to deposit a sum of2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5825 of 2025Rs.75,000/- (Rupees Seventy Five Thousand only) before the learned JudicialMagistrate II, Virudhunagar. He further submits that Accused No.4 was alreadyarrested and enlarged on bail by this Court in Crl.O.P.(MD).No.10415 of 2024 on22.07.2024. Therefore, he prays for granting bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that a sum of Rs.18,83,000/- has beenreceived by the petitioner and the other accused persons from the victims. He furthersubmits that if bail is granted to the petitioner, he may abscond and thereby, cause adelay in the investigation proceedings. Hence, he strongly opposes to grant bail tothe petitioner.6. Mr.S.Balaji, learned counsel appearing for the intervener submits that a sumof Rs.18,83,000/- has been received by the petitioner and the other accused personsfrom the defacto complainant under the pretense of securing job for his son. Hefurther submits that if bail is granted to the petitioner, he may cause threat to thedefacto complainant and witnesses. Hence, he strongly opposes to grant bail to thepetitioner.7. Heard on both sides. This Court has perused the case file.8. The petitioner was arrested and remanded to judicial custody on 01.03.2025.The petitioner has permanent residence and deep roots in the society, and hence,3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5825 of 2025there is less possibility of absconding. Considering the same, and also considering theperiod of incarceration, and taking note of the submission made by the learnedcounsel for the petitioner that the petitioner is ready and willing to deposit a sum ofRs.75,000/- (Rupees Seventy Five Thousand only) before the learned JudicialMagistrate II, Virudhunagar, and with a view to give an opportunity to the petitionerto reform himself, this Court is inclined to grant bail to the petitioner, however,subject to certain conditions. Accordingly, bail is granted to the petitioner subject tothe 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 II,Virudhunagar;(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 II, Virudhunagar, shall obtain a copyof any one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate II, Virudhunagar;(iv) The petitioner shall appear and sign before the respondent-police daily at4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5825 of 202510.30 a.m., until further orders;(v) The petitioner shall deposit a sum of Rs.75,000/- (Rupees Seventy FiveThousand only) to the credit of Crime No.7 of 2024 on the file of the respondent-police, before the learned Judicial Magistrate II, Virudhunagar. In turn, the learnedJudicial 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.7 of2024. 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; and5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5825 of 2025(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate II, Virudhunagar, 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].9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 01/04/2025/ TRUE COPY / 02/04/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. TSG TO1 THE JUDICIAL MAGISTRARE NO.II, VIRUDHUNAGAR2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.3 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.4 THE SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH,VIRUDHUNAGAR.5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.R.PON KARTHIKEYAN, Advocate ( SR-3732[I] dated 01/04/2025 )6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.5825 of 2025 ORDER IN CRL OP(MD) No.5825 of 2025 Date :01/04/2025RS/IT/SAR-(02.04.2025) 7P 7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20237/7