High Court · 2025

CRL OP(MD)No.7064 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 11/07/2025PRESENTTHE HONOURABLE MR. JUSTICE P. VADAMALAICRL OP(MD)No.7064 of 2025andCrl.M.P(MD)No.7656 of 2025 1.Sasi @ Sasikumar2.Vijayalakshmi @ Viji...Petitioners/ Accused Nos.3 & 4 Vs.The State of Tamil Nadu rep. byThe Inspector of Police,S.S.Colony Police Station (L & O),Madurai City.(Crime No.230 of 2025) ...Respondent/ComplainantFor Petitioners : Mr.S.DevasenaFor Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side)For Intervenor : Mr.N.Balasubramanian1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.7064 of 2025 PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.230 of 2025 on the file of the Respondent Police.ORDER : The Court made the following order :-The petitioners, who apprehend arrest at the hands of the respondent policefor the offences punishable under Sections 318(4) of BNS, in Crime No.230 of 2025on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that the petitioners along with Accused No.2,assured the defacto complainant to get a job at abroad and received a sum of Rs.11.5lakhs. But the accused persons did not obtain any job for him and also cheated thedefacto complainant. Hence, the case has been registered.3. The learned counsel for the petitioners submitted that originally, the defactocomplainant had approached our consultancy to obtain a job in Canada and he paidRs.2 lakhs. But we were unable to secure a job for him and told him to receive theamount, which he paid. When he came to collect the same, by seeing other people2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.7064 of 2025securing jobs in the UK through our agency, he kept on insisting to secure a job forhimself in the UK, and so we asked him to submit his IELTS result. After taking theexam, he produced the result with low marks and we told him that with his marks,securing a job would be impossible, but he kept on pestering about that. So,through a referral company, we tried to secure a job and for that, we have paid Rs.9lakhs for sponsorship. Even after the sponsorship was awarded, he was not selecteddue to his IELTS results. For that, he came to our office and quarreled with and alsoattacked us for the money. He would further submit that the petitioners are innocentpersons and they have not committed any offence as alleged by the prosecution.Hence, he seeks anticipatory bail to the petitioners.4. The learned Government Advocate (Criminal Side) submitted that there aretotally four accused, the petitioners herein are arrayed as Accused Nos.3 and 4.Accused No.1 is the Company and Accused No.2 is the owner of the company, nowabsconding. The petitioners along with the second accused gave a false promise toobtain a job in abroad and received Rs.11.5 lakhs from the defacto complainant andcheated him. He would further submit that the investigation is still pending andhence, he objected to grant bail to the petitioners. However, he fairly concedes thatno previous case is pending against the petitioners.3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.7064 of 20255. The learned counsel for the defacto complainant/intervenor submits thatafter seeing the advertisement in the news paper, over phone he contactedTripsweet Carreer Solutions and TSPL Private Ltd., situated at 118/1, 2nd Floor,D.K.Plaza Complex, Co-op Tex Street, Theni Main Road, Virattipathu, Madurai andasked about placement in Canada for which they also instructed the defactocomplainant to come to their office and to attend the interview. At that time in theiroffice, the petitioners/Accused Nos.3 & 4 asked the defacto complainant to depositRs.2 lakhs as an initial amount and the remaining amount has to be paid after theconfirmation received from the company. Thereafter, on 07.08.2023, the defactocomplainant paid the advance amount of Rs.2 lakhs and on 29.09.2023, he paidRs.9.50 lakhs, but no call letter or work visa was given by the petitioners and theyalso cheated him. Hence, he strongly opposed to grant anticipatory bail to thepetitioners.6. Considering the facts and circumstances of the case, the offence occurred inthe year 2023, and the complaint was given only after two years and the F.I.R.registered on 04.04.2025, by this time most of the investigation might have beencompleted and further on perusal of the additional typed set of papers it appears4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.7064 of 2025that the petitioners have transferred a sum of Rs.10 lakhs to the London Companyand also taking note of the fact that the petitioners have appeared before therespondent police for interrogation and at this stage custodial interrogation is notnecessary, this Court is inclined to grant anticipatory bail to the petitioners withcertain conditions.7. Accordingly, the petitioners are ordered to be released on bail in the event oftheir arrest or on their appearance, within a period of fifteen days from the date ofreceipt of a copy of this order, before the Judicial Magistrate Court No.V, Madurai,on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties, each for a like sum tothe satisfaction of the respondent Police or to the Police Officer, who intends toarrest or to the satisfaction of the Judicial Magistrate Court No.V, Madurai, and onfurther conditions that: (a) the petitioners and the sureties shall affix their photographs and left thumbimpression in the surety bond and the Magistrate may obtain a copy of their Aadharcard or Bank pass Book to ensure their identity;(b)the petitioners shall furnish their residential address and mobile numberto the learned Judicial Magistrate No.V, Madurai. In the event of any change in theirresidential address, the petitioners shall report the same to the learned Judicial5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.7064 of 2025Magistrate No.V, Madurai;(c) the petitioners shall appear and sign before the respondent police daily at10.00 a.m., until further orders;(d) the petitioners shall not tamper with evidence or witness either duringinvestigation or trial;(e) the petitioners shall not abscond either during investigation or trial;(f) on breach of any of the aforesaid conditions, the learned Magistrate/ TrialCourt is entitled to take appropriate action against the petitioners in accordancewith law as if the conditions have been imposed and the petitioners released on bailby the learned Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;(g) if the accused thereafter abscond, a fresh FIR can be registered underSection 269 BNS. Consequently, the connected Criminal Miscellaneous Petition isclosed. sd/- 11/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.7064 of 2025VSDTO1.The Judicial Magistrate No.V, Madurai.2. Do through the Chief Judicial Magistrate, Madurai.3.The Inspector of Police, S.S.Colony Police Station (L & O), Madurai City.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.S.DEVASENA, Advocate ( SR-7516[I] dated 14/07/2025 ) ORDER IN CRL OP(MD) No.7064 of 2025 Date :11/07/2025 PS/SAR.29.07.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7