High Court · 2025

CRL OP (MD) No.6735 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 15/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.6735 of 20251. Ganesha2. Sankara3. Ram4. Raju... Petitioners/A1 to A4VsThe State of Tamil NaduRep. by the Inspector of Police,Kalakad Police Station,Kalakad,Tirunelveli District.(Crime No.9 of 2025) ... Respondent/ComplainantFor Petitioners: Mr.N.Pragalathan, AdvocateFor Respondent : Mr.R.Meenakshi Sundaram, Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For Bail in Crime No.9 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 petitioners on 08.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioners/Accused Nos.1 to 4 were arrested and remanded to judicial1/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6735 of 2025custody on 04.01.2025 for the alleged offence punishable under Sections 316(2) and318(4) of BNS, 2023 in Crime No.9 of 2025 on the file of the respondent-police.3. The case of the prosecution is that the accused persons colluded together andinduced the defacto complainant to purchase gold at a lower price. On 14.11.2024, thedefacto complainant bought gold jewel from the accused persons for a sum ofRs.3,00,000/- and subsequently, he came to know that the above jewel is a fake oneand accused persons cheated him. Hence, the case.4. Mr.N.Pragalathan, learned counsel appearing for the petitioners, submits thatthe petitioners have not committed any offence as alleged by the prosecution. Hefurther submits that the petitioners have been in judicial custody since 04.01.2025 andare ready to abide by any conditions that may be imposed by this Court. He furthersubmits that the investigation has been completed and the respondent-Police hasfiled a charge sheet before the learned Judicial Magistrate, Nanguneri and the samehas been taken on file in C.C.No.43 of 2025. He further submits that P.W.1 to P.W.12were examined. He further submits that already, the co-accused have deposited asum of Rs.1,50,000/-. He further submits that the petitioners are ready and willing todeposit the remaining amount Rs.1,50,000/- to show their bona fide. He thereforeprays for granting bail to the petitioner. 5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor2/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6735 of 2025appearing for the respondent-police, submits that the petitioners have cheated thedefacto complainant, to the tune of Rs.3,00,000/-. He further submits that if bail isgranted to the petitioners, they may abscond and delay the trail. Hence, hevehemently opposes to grant bail to the petitioners.6. Heard on both sides. This Court has perused the records.7. The petitioners were arrested and have been in judicial custody since04.01.2025. Considering the offences allegedly committed by the petitioners and alsoconsidering the undertaking given by the petitioners that they will settle the disputewith the defacto complainant, this Court is of the opinion that further custody of thepetitioners is not necessary in this case. Further, the petitioners have permanentresidence and deep roots in the society, and therefore, there is less possibility ofabsconding. Considering the same and with a view to give an opportunity to reformthemselves, this Court is inclined to grant an order of bail to the petitioners, however,subject to certain conditions. Accordingly, bail is granted to the petitioners subject tothe following conditions:(i) The petitioners shall execute a bond for Rs.10,000/- (Rupees Ten Thousandonly) each along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned Judicial Magistrate, Nanguneri,Tirunelveli District;3/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6735 of 2025(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, Nanguneri, Tirunelveli District, shallobtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioners shall furnish their residential address and mobile number tothe learned Judicial Magistrate, Nanguneri, Tirunelveli District;(iv) The petitioners shall appear and sign before the learned JudicialMagistrate, Nanguneri, Tirunelveli District on all working days at 10.30 a.m., untilfurther orders;(v) Each petitioner shall deposit a sum of Rs.37,500/- (Rupees Thirty SevenThousand and Five Hundred only) to the credit of Crime No.9 of 2025 on the file ofthe respondent-police, before the learned Judicial Magistrate, Nanguneri, TiruenveliDistrict. In turn, the learned Judicial Magistrate shall deposit the said amount in aninterest-bearing Fixed Deposit in any nationalized Bank initially for a period of oneyear and renew them periodically until the final order / judgment is passed in thecase in Crime No.9 of 2025. The learned Judicial Magistrate/Trial Court shall passorders qua entitlement of the said amount in its final order/judgment;(vi) The petitioners shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;4/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6735 of 2025(vii) The petitioners shall not commit an offence similar to the offence of whichthey are accused, or suspected, of the commission of which they are suspected;(viii) The petitioners shall not directly or indirectly make any inducement,threat or promise to any person acquainted with the facts of the case so as to dissuadethem from disclosing such facts to the Court or to any police officer or tamper withthe evidence;(ix) The petitioners shall not directly or indirectly cause any threat to thedefacto complainant and also the witnesses; and(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate, Nanguneri, Tirunelveli District, is entitled to pass appropriate ordersagainst the petitioners 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. State ofKerala [(2005) 13 SCC 283].8. Accordingly, this Criminal Original Petition stands allowed subject to theconditions stated supra. sd/- 15/04/2025/ TRUE COPY / 16/04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. TSG5/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6735 of 2025TO1 THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI DISTRICT2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.3 THE SUPERINTENDENT, CENTRAL PRISION, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.4 THE INSPECTOR OF POLICE, KALAKAD POLICE STATION,KALAKAD, TIRUNELVELI DISTRICT.5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-4237[I] dated 15/04/2025 )+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-4272[I] dated 16/04/2025 ) ORDER IN CRL OP(MD) No.6735 of 2025 Date :15/04/2025RS//SAR-(16.04.2025) 6P 8CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20236/6