High Court · 2025

CRL OP (MD) No.6200 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 08/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.6200 of 2025Sivabharathi @ Bharathi ... Petitioner/Accused No.3 VsThe State of Tamil NaduRep. by the Inspector of Police,Suthamalli Police Station,Suthamalli, Tirunelveli District.Crime No.88 of 2025 ... Respondent/ComplainantFor Petitioner: Mr.N.Vignesh AdvocateFor Respondent: Mr.R.Meenakshi Sundaram Additional Public ProsecutorFor intervener: Mr.D.Venkatesh Advocate PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For Bail in Crime No.88 of 2025 on the file of the respondent-police.1/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6200 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 02.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/A3 was arrested and remanded to judicial custody on13.03.2025 for the offences punishable under Sections 420 and 120B of Indian PenalCode, 1860, in Crime No.88 of 2025 on the file of the respondent-police.3. The case of the prosecution is that the defacto complainant approachedAccused No.1, who is an astrologer, for performing certain poojas. He demanded asum of Rs.6,00,000/- under the pretext of conducting magical rituals. After receivingthe said amount, A1, along with the other accused persons, threatened the defactocomplainant not to disclose the matter to anyone, stating that if he did, they woulddestroy his family property. Thus, they cheated him and his family members. Hence,the complaint. 4. Mr.N.Vignesh, learned counsel appearing for the petitioner, submits that the2/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6200 of 2025petitioner is an innocent person, that he has not committed any offence as alleged bythe prosecution, and that a false case has been foisted against him. He further submitsthat the petitioner is ready to abide by any condition that may be imposed by thisCourt and, to show his bona fide, he is ready and willing to deposit a sum ofRs.1,00,000/-. He also submits that the petitioner has been in incarceration since13.03.2025. 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 totally, there are five accusedpersons in this case, and the petitioner herein has been arrayed as Accused No.3. Hefurther submits that the investigation of the case is pending, and therefore, at thisstage, if the petitioner is released on bail, he may abscond and tamper the witnesses.Therefore, he vehemently opposes to grant bail to the petitioner.6. Mr.D.Venktaesh, learned counsel for the intervener/defacto complainant,submits that if the petitioner is enlarged on bail, he will cause threat to the life of thedefacto complainant and his family members. Hence, he opposes to grant pre-arrestbail to the petitioners. 3/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6200 of 20257. Heard on both sides. This Court has perused the records including the FirstInformation Report.8. Considering the offence allegedly committed by the petitioner and takingnote of the fact that the petitioner is ready and willing to deposit a sum ofRs.1,00,000/-, this Court is of the opinion that further custody of the petitioner is notnecessary for the Investigation Agency in this case. Further, the petitioner haspermanent residence. Therefore, there is less possibility of absconding. Consideringthe same, and also considering the fact that the petitioner has been in judicial custodysince 13.03.2025, 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 to thefollowing 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,Cheranmahadevi;(ii) The sureties shall affix their photographs and left thumb impression in the4/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6200 of 2025Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate, Cheranmahadevi shall obtain a copyof any one of identity proofs to ensure their identity;(iii) The petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only)to the credit of Crime No.88 of 2025 before the learned Judicial Magistrate,Cheranmahadevi without prejudice to his rights and contentions before the TrialCourt and produce the receipt/acknowledgment before the concerned JudicialMagistrate while executing sureties. Upon such deposit, the concerned Magistrateshall deposit the said amount in a fixed-deposit scheme in any one of theNationalized Banks for a period of one year, and thereafter, renew the same until theconclusion of the trial. The learned Judicial Magistrate/Trial Court shall pass ordersqua entitlement of the said amount in its final order/judgment;(iv) The petitioner shall furnish his residential address and mobile number tothe the learned Judicial Magistrate, Cheranmahadevi; (v) The petitioner shall appear and sign before the respondent - police daily at10.00 am until further orders; 5/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6200 of 2025(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 the learned JudicialMagistrate, Cheranmahadevi, 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 CRL OP (MD) No.6200 of 20259. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 08/04/2025 / TRUE COPY / 09/04/2025 Sub-Assistant Registrar () Madurai Bench of Madras High Court, Madurai - 625 023. TRPTO1 THE JUDICIAL MAGISTRATECHERANMAHADEVI.2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.3 THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI.4 THE INSPECTOR OF POLICE,SUTHAMALLI POLICE STATION,SUTHAMALLI,TIRUNELVELI DISTRICT.5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.N.VIGNESH, Advocate ( SR-4131[I] dated 09/04/2025 )7/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6200 of 2025+1 CC to M/s.D.VENKATESH, Advocate ( SR-4151[I] dated 09/04/2025 ) ORDER IN CRL OP(MD) No.6200 of 2025 Date :08/04/2025 SS/SAR- /09/04/2025/ 8P/8CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8