High Court · 2025

CRL OP(MD). No.8007 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 29/04/2025PRESENTThe HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.8007 of 20251. Palanichamy2. Pon Amirtham3. Kanagavelrajan4. Karthick @ Athiban Karthickrajan, ... Petitioners/Accused Nos.1 to 4 VsThe State of Tamil Nadu,Rep by the Inspector of Police,District Crime Branch, Theni,Theni District.Crime No. 15 of 2025. ... Respondent/Complainant For Petitioner : Mr.S.Muniyandi, Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8007 of 2025PRAYER :- For Anticipatory Bail in Crime No.15 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 25.04.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioners apprehend arrest at the hands of the respondent-Police forthe offences punishable under Sections 120(b), 406, 417 and 420 of IPC, in CrimeNo.15 of 2025 on the file of the respondent-police.3. The case of the prosecution is that one Palanikumar introduced thepetitioners to the defacto complainant. The said Palanikumar informed to thedefacto complainant that he had given money to the petitioners for getting job forhis relative. Thereafter, the petitioners assisted to get job for his relative.Subsequently, the defacto complainant approached the first petitioner andrequested to get job for his son and he handed over a sum of Rs.15,00,000/- on03.07.2021 and also he remitted a sum of Rs.2,00,000/- on 02.07.2021 at Canara Bank.However, the petitioners failed to arrange any job. Thereafter, the first petitionerhad given a cheque on 26.07.2022 and also he executed an undertaking affidavit onthe same day. But, the cheque was returned with an endorsement as “Insufficient2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8007 of 2025fund” and thereafter, the petitioners refused to give money and hence, the de-factocomplainant filed petition in Cr.M.P.No.8030 of 2024, under Section 156(3) ofCr.P.C., before the learned Judicial Magistrate, Theni, and the same was forwardedto the respondent Police on 19.12.2024. Thereafter, the present case has beenregistered. 4. Mr.S.Muniyandi, the learned counsel appearing for the petitioners, submitsthat the petitioners are innocent persons and that they have not committed anyoffence as alleged by the prosecution. He further submits that a false case has beenfoisted against the petitioners. He further submits that there are no previous casesagainst the petitioners. He however submits that the petitioners are ready to abideany conditions that may be imposed by this Court. He further submits that thepetitioners are ready and willing to deposit a sum of Rs.5,00,000/- to show theirbona fide before the trial Court in the Crime number. Hence, he prays for grant ofpre-arrest bail to the petitioners. 5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional PublicProsecutor appearing for the respondent-Police, submits that the petitioners havebeen arrayed as A1 to A4. He further submits that the petitioners had promised tosecure a job for the defacto complainant and had received money and subsequentlycheated. He further submits that if pre-arrest bail order is granted in favour of the3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8007 of 2025petitioners, on the strength of this Court order they will commit similar type ofoffence and cause threat to the defacto complainant and witnesses. Hence, he praysto dismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the records. 7. Petitioners have no previous case. In view of the nature of the offenceallegedly committed by the petitioners, this Court is of the opinion that thecustodial interrogation of the petitioners is not necessary for the investigationagency in this case. Further, the petitioners have permanent residence and hence,there is less possibility of absconding. Considering the above and also consideringthe facts and circumstances of the case and taking into account of the fact that thepetitioners are ready and willing to deposit a sum of Rs.5,00,000/- (Rupees FiveLakhs only) and with a view to give an opportunity to the petitioners to reformthemselves, this Court is inclined to grant an order of pre-arrest bail to thepetitioners subject to the following conditions:(i) The petitioners shall be released on bail in the event of their arrest or in theevent of their surrender before the learned Judicial Magistrate, Theni, within aperiod of 15 days from the date on which the order copy is made ready, onexecuting a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)each along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8007 of 2025Thousand only) to the satisfaction of the learned Judicial Magistrate, Theni,.(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, Theni, shall obtain a copy of anyone of identity proofs to ensure their identity. (iii) The petitioners shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhsonly) (each Rs.1,25,000/-) to the credit of Crime No.15 of 2025, before the learnedJudicial Magistrate, Theni, on or before 30.05.2025. In turn, the learned JudicialMagistrate, Theni, is directed to deposit the same, in an interest-bearing FixedDeposit, in any nationalized bank, initially for a period of one year, and renewthem, till the conclusion of the case. The learned Judicial Magistrate or Trial Courtshall pass orders qua entitlement of the said amount in its final order / Judgment.(iv) The petitioners shall appear and sign before the respondent-police weeklytwice (ie., on Saturday and Sunday) daily at 10.00 a.m., until further orders. (v) The petitioners shall make themselves available for interrogation by apolice officer as and when required.(vi) 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.5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8007 of 2025(vii) The petitioners shall also not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence.(viii) The petitioners shall not leave India without the previous permission ofthe Court.(ix) The petitioners shall furnish their residential address and mobile numberto the learned Judicial Magistrate, Theni.(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate, Theni, or Trial Judge, as the case may be, is entitled to pass appropriateorders against the petitioners in accordance with law as if the aforementionedconditions are imposed by them as laid down by the Hon'ble Supreme Court inP.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Sd/-29/04/2025/ TRUE COPY // /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.8007 of 2025VSG TO1.The learned Judicial Magistrate, Theni.2.Do Through The Chief Judicial Magistrate, Theni.3.The Inspector of Police, District Crime Branch, Theni, Theni District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.S.MUNIYANDI, Advocate ( SR-5013[I] dated 29/04/2025 ) ORDER IN CRL OP(MD) No.8007 of 2025 Date : 29/04/2025BV(27/05/2025) 7P/ 6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.7/7