High Court · 2025

CRL OP (MD) No.7313 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 22/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.7313 of 2025D.Surya Vignesh... Petitioner/Sole Accused Vs.The State of Tamil NaduRep. by The Inspector of Police,AWPS Alangulam, Tenkasi District.Crime No.10 of 2025 ... Respondent/Complainant For Petitioner : Mr.N.Mohideen Basha, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor For Intervener : Mr.D.VenkatachalamAdvocate PETITION FOR BAIL Under Sec.483 of BNSS1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7313 of 2025PRAYER :-For Bail in Crime No.10 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 petitioner on 17.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant bail.2. The petitioner/Sole Accused was arrested and remanded to judicial custodyon 28.03.2025 for the offences punishable under Section 417, 376, 420 and 506(i) ofIndian Penal Code, 1860 in Crime No.10 of 2025 on the file of the respondent-police.3. The case of the prosecution is that the defacto complainant and thepetitioner became acquainted through Instagram, and their relationship graduallydeveloped into a romantic affair. The petitioner allegedly received gold jewels forthe purchase of a two-wheeler and a tablet, as well as 40 sovereigns of goldornaments, under the false promise of marrying her. The petitioner's familymembers also assured the defacto complainant that they would arrange themarriage. However, the petitioner later refused to marry her and demandedadditional jewels, threatening to misuse images of the defacto complainant thatwere recorded during video calls. He also coerced her to delete all their chat records.Hence, the case. 2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7313 of 20254. Mr.N.Mohideen Basha, learned counsel appearing for the petitioner,submits that the petitioner has nothing to do with the alleged offence and that afalse case has been foisted against the petitioner. He further submits that thepetitioner has been in judicial custody since 28.03.2025 and is ready to abide by anystringent conditions that may be imposed by this Court. Therefore, he prays forgranting bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional PublicProsecutor appearing for the respondent-police, submits that the mobile phone andeight sovereigns of gold ornaments were recovered from the petitioner herein. Hefurther submits that the investigation is pending, and therefore, at this stage, if thepetitioner is enlarged on bail, he may cause threat to the defacto complainant andother witnesses and delay the investigation proceedings. Accordingly, he stronglyopposes to grant bail to the petitioner.6. Mr.D.Venkatachalam, learned counsel appearing for the intervener, submitsthat the defacto complainant has handed over 45 sovereigns of gold jewels to thepetitioner, out of which only eight sovereigns were recovered from the petitionerand the remaining jewels have not been recovered till date. Hence, he stronglyopposes to grant bail to the petitioner.3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7313 of 2025 7. This Court has considered the submissions made on either side. This Courthas perused the First Information Report and the statement recorded from thedefacto complainant under Section 183(5) of BNSS, 2023. 8. The petitioner was arrested on 28.03.2025 and has been in judicial custodysince then. In view of the allegation made in the First Information Report and inview of the statement recorded from the defacto complainant under Section 183(5) ofBNSS, 2023 and the fact that the mobile phone and eight sovereigns of gold jewelswere recovered from the petitioner herein, this Court is of the opinion that furthercustody of the petitioner is not necessary for the Investigating Agency in this case.Further, the petitioner has permanent residence, and therefore, there is lesspossibility of absconding. Considering the same, and also considering the period ofincarceration suffered by the petitioner, this Court is inclined to grant an order ofbail to the petitioner, however, subject to the following conditions:(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty FiveThousand only) along with two sureties each for a like sum of Rs.25,000/- (RupeesTwenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate,Alangulam, Tenkasi District;(ii) The sureties shall affix their photographs and left thumb impression in the4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7313 of 2025Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate, Alangulam, Tenkasi District, shallobtain a copy 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, Alangulam, Tenkasi District;(iv) The petitioner shall stay at Trichy after executing suretyship and appearand sign before the Inspector of Police, Cantonment Police Station, Trichy daily at10.00 a.m., and 05.00 p.m., until further orders;(v) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vi) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected;(vii) 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;(viii) The petitioner shall not directly or indirectly cause any threat to thedefacto complainant and the witnesses and shall also not try to contact the defactocomplainant or her family members through his men or agent or any other5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7313 of 2025electronic mode;(ix) The petitioner shall not enter into residence of the defacto complainant orher college until further orders; and(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate, Alangulam, Tenkasi District is entitled to pass appropriate ordersagainst the petitioner 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. Stateof Kerala [(2005) 13 SCC 283].9. 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, Alangulam, Tenkasi District.6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7313 of 20252 The Chief Judicial Magistrate, Tenkasi District.3. The Superintendent, Central Prison, Palayamkottai.4. The Inspector of Police, AWPS Alangulam, Tenkasi District.5. The Inspector of Police, Cantonment Police Station, Trichy.6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.N.MOHIDEEN BASHA, Advocate ( SR-4564[I] dated 22/04/2025 ) ORDER IN CRL OP(MD) No.7313 of 2025 Date :22/04/2025 MK/SAR /23.04.2025 7P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7