High Court · 2025

CRL OP (MD) No.7312 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 22/04/2025PRESENTTHE HONOURABLE MR.JUSTICE R.SAKTHIVELCRL OP (MD) No.7312 of 2025Balaganesh ... Petitioner/A3 Vs.The State of Tamil NaduRep. by the Sub-Inspector of Police,District Crime Branch Police Station,Virudhunagar,Virudhunagar District.Crime No.7 of 2024 ... Respondent/Complainant For Petitioner : Mr.M.Pandian, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) For Intervener : Mr.S.Balaji, Advocate PETITION FOR BAIL Under Sec.483 of BNSS1/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7312 of 2025PRAYER :- For Bail in Crime No.7 of 2024 on the file of the Respondent-Police.ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 17.04.2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.3 was arrested and remanded to judicialcustody on 29.03.2025 for the offences punishable under Sections 406, 420, 506(1)and 120B of Indian Penal Code, 1860 in Crime No.7 of 2024 on the file of therespondent-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.M.Pandian, learned counsel appearing for the petitioner, submits thatthe petitioner has not committed any offence as alleged by the prosecution and thata false case has been foisted against the petitioner. He further submits that therespondent-police, without conducting proper enquiry, falsely registered a case2/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7312 of 2025against the petitioner. He further submits that the petitioner was arrested in thiscase on 29.03.2025 and is ready to abide by any conditions that may be imposed bythis Court. He further submits that the petitioner is ready and willing to deposit asum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) before the learnedJudicial Magistrate II, Virudhunagar. He further submits that Accused Nos.2 and 4were already arrested and enlarged on bail by this Court in Crl.O.P.(MD).No.10415of 2024 on 22.07.2024 and Crl.O.P.(MD).No.5825 of 2025 on 01.04.2025. Therefore,he prays for granting bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that a sum of Rs.18,83,000/-has been received by the petitioner and the other accused persons from the victims.He further submits that if bail is granted to the petitioner, he may abscond andthereby, cause a delay in the investigation proceedings. Hence, he strongly opposesto grant bail to the 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 the3/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7312 of 2025petitioner.7. Heard on both sides and perused the case file.8. The petitioner was arrested and remanded to judicial custody on 29.03.2025.In view of the offences allegedly committed by the petitioner and considering thefact that Accused Nos.2 and 4 were already arrested and enlarged on bail by thisCourt in Crl.O.P.(MD) No.10415 of 2024 on 22.07.2024 and Crl.O.P.(MD) No.5825 of2025 on 01.04.2025, and taking note of the submission made by the learned counselfor the petitioner that the petitioner is ready and willing to deposit a sum ofRs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) before the learnedJudicial Magistrate II, Virudhunagar,this Court is of the opinion that further custodyof the petitioner is not necessary for the Investigation Agency in this case. Further,the petitioner has permanent residence and deep roots in the society, and hence,there is less possibility of absconding. Considering the same, and also consideringthe period of incarceration, 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 Ten4/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7312 of 2025Thousand 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 acopy of 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 at10.30 a.m., until further orders;(v) The petitioner shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh andFifty Thousand only) to the credit of Crime No.7 of 2024 on the file of therespondent-police, before the learned Judicial Magistrate II, Virudhunagar. In turn,the learned Judicial Magistrate shall deposit the said amount in an interest-bearingFixed Deposit in any nationalized Bank initially for a period of one year and renewthem periodically until the final order / judgment is passed in the case in CrimeNo.7 of 2024. The learned Judicial Magistrate/Trial Court shall pass orders quaentitlement of the said amount in its final order/judgment;5/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7312 of 2025(vi) The petitioner shall attend in accordance with the conditions of the bondto be 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,threat or promise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to any police officer ortamper with the evidence;(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 learned JudicialMagistrate II, Virudhunagar, is entitled to pass appropriate orders against thepetitioner 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].6/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7312 of 20259. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 22/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. TSG To1. The Judicial Magistrate No.II, Virudhunagar.2. Do-Through The Chief Judicial Magistrate, Viruthunagar District.3. The officer-in-charge, District Jail, Virudhunagar.4. The Sub-Inspector of Police, District Crime Branch Police Station, Virudhunagar, Virudhunagar District. 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.M.PANDIAN, Advocate ( SR-4580[I] dated 23/04/2025 )7/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7312 of 2025 ORDER IN CRL OP(MD) No.7312 of 2025 Date :22/04/2025 MK/SAR /23.04.2025 8P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8