High Court · 2025

CRL OP (MD) No.7147 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 21/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.7147 of 20251. Priya2. Premnath3. Amutha ... Petitioners/A3 to A5 VsThe State of Tamil NaduRep. by the Inspector of Police,District Crime Branch,Trichy District.Crime No.481 of 2017 ... Respondent/Complainant For Petitioners: Mr.S.Sivailayaraja, Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSSPRAYER:-To enlarge the petitioners/A3 to A5 on bail in C.C.No. 605/2022 pending on the fileof the learned Judicial Magistrate No.I, Trichy in connection with Crime No.481 of2017 on the file of the respondent-police.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7147 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 16.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant bail.2. The petitioners/Accused Nos.3 to 5 voluntarily surrendered before the TrialCourt after issuance of Non-Bailable Warrant issued against them and wereremanded to judicial custody on 14.03.2025. The petitioners are facing trial inC.C.No.605 of 2022 on the file of the learned Judicial Magistrate No.I, Trichy for thealleged offence punishable under Sections 406, 420 and 468 of Indian Penal Code,1860 in connection with Crime No.481 of 2017 on the file of the Respondent-Police.3. The case of the prosecution is that the petitioners, along with other accusedpersons, cheated the defacto complainant of a sum of Rs.4,00,000/- under thepretense of securing a job for him in TNPL at Mondipatti. However, they neithersecured the job nor returned the amount. Consequently, the defacto complainantdemanded the refund of his money, both over the phone and in person. Afterseveral attempts, Accused No.2 handed over a cheque for Rs. 4,00,000/-, dated05.06.2017, drawn in favour of the defacto complainant. When the defactocomplainant presented the cheque for collection, it was returned with anendorsement of “Stop Payment.” Thus, all the accused persons are alleged to have2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7147 of 2025cheated the defacto complainant. Hence, the complaint.4. Mr.S.Sivailayaraja, learned counsel appearing for the petitioners, submitsthat the petitioners have not committed any offence as alleged by the prosecution.He further submits that the petitioners have been regularly appearing before thelearned Judicial Magistrate No.1, Trichy. He further submits that the learnedcounsel on record before the Trial Court failed to file necessary application on17.10.2024, hence, Non-Bailable Warrant was issued and that the petitionersvoluntarily surrendered before the Trial Court and were remanded to judicialcustody on 14.03.2025. He further submits that the petitioners have been in judicialcustody since 14.03.2025 and are ready to abide by any conditions that may beimposed by this Court. Accordingly, he prays for granting bail to the petitioners. 5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional PublicProsecutor appearing for the respondent-police, submits that the petitioners did notappear before the Trial Court and hence Non-Bailable Warrant was issued againstthe petitioners on 17.10.2024 and the same was executed on 14.03.2025. He furthersubmits that the case is pending since 2022 without any progress. He furthersubmits that if bail is granted to the petitioners, they may abscond and therebycause delay in the trial proceedings. Hence, he strongly opposes to grant bail to thepetitioners. 3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7147 of 20256. Heard the learned counsel appearing on either side and perused the records.7. This Court considered the submission made by the learned counsel for thepetitioners that the petitioners have been regularly appearing before the trial Courtsince 09.09.2022 and that on 17.10.2024, the learned counsel on record before theTrial Court failed to file petition under Section 317 of Cr.P.C.,(equivalent Section 282of BNSS, 2023). Hence, the Non-Bailable Warrant was issued. The petitionersvoluntarily surrendered before the Trial Court and were remanded to judicialcustody on 14.03.2025. In view of the above, this Court is of the opinion that anopportunity may be granted to the petitioners to appear before the Trial Court andco-operate with the trial. Considering the above as well as the period ofincarceration, this Court is inclined to grant an order of bail to the petitioners,however, subject to the 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 No.I, TrichyDistrict;(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 No.I, Trichy District, shall obtain a4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7147 of 2025copy of any one of identity proofs to ensure their identity;(iii) The petitioners shall furnish their residential address and mobile numberto the learned Judicial Magistrate No.I, Trichy District,;(iv) The petitioners shall appear and sign before the learned JudicialMagistrate No.I, Trichy District, on every Monday and Friday at 10.30 a.m., untilfurther orders and the petitioners shall appear before the Trial Court on all hearingdays, without fail;(v) The petitioners shall attend in accordance with the conditions of the bondto be executed under Chapter XXXV of BNS, 2023;(vi) The petitioners shall not commit an offence similar to the offence of theyare accused, or suspected, of the commission of which they are suspected;(vii) 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 todissuade them from disclosing such facts to the Court or to any police officer ortamper with the evidence;(viii) The petitioners shall not, directly or indirectly, cause any threat to thedefacto complainant and witnesses; and(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate No.I, Trichy District, is entitled to pass appropriate orders against the5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7147 of 2025petitioners in accordance with law as if the aforementioned conditions are imposedby him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala[(2005) 13 SCC 283].8. Accordingly, this Criminal Original Petition is allowed subject to the conditionsstated supra. sd/- 21/04/2025 / TRUE COPY / 22 /04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. VSGTO1.THE JUDICIAL MAGISTRATE, NO.I,TRICHY DISTRICT.2.THE CHIEF JUDICIAL MAGISTRATE, TRICHY.3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.4.THE OFFICER IN CHARGE, SPECIAL PRISON FOR WOMEN, TRICHY.5.THE INSPECTOR OF POLICE,DISTRICT CRIME BRANCH,TRICHY DISTRICT.6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7147 of 20256. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to S.SIVAILAYARAJA Advocate SR.No.4454(I) DT. 21/04/2025 ORDER IN CRL OP(MD) No.7147 of 2025 Date :21/04/2025 PR/22.04.2025 7P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7