High Court · 2025

CRL OP (MD) No.8137 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 30/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.8137 of 2025V.Mathan... Petitioner/6the Accused Vs.The State of Tamil NaduRep. by the Inspector of Police,CBCID - South, Nagercoil,Kanniyakumari District.(Crime No.1 of 2025)... Respondent/ComplainantFor Petitioner: Mr.G.Aravinthan AdvocateFor Respondent: Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023PRAYER :-For bail in Crime No.1 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 28.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant bail.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8137 of 20252. The petitioner/A6 was arrested and remanded to judicial custody on18.03.2025 for the offences punishable under Sections 316(4), 318(4), 335, 336(3), 337,338, 339, 340, 61(2) and 238 of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.1of 2025 on the file of the respondent-police.3. The case of the prosecution is that the Tamil Nadu Urban HabitatDevelopment Board constructed 384 houses (apartments) for persons having anannual income below Rs.3,00,000/-, and the petitioner herein, who is working as anAssistant Executive Engineer, along with the other accused, received money fromthe allottees and illegally allotted houses to 69 unauthorised persons by creatingforged documents and by forging the signature of the Administrative Engineer.Hence, the complaint. 4. Mr.G.Aravinthan, learned counsel appearing for the petitioner, submits thatthe petitioner is an innocent person, that he has not committed any offence asalleged by the prosecution, and that a false case has been foisted against him. Hefurther submits that the petitioner is ready to abide by any conditions that may beimposed by this Court and, to demonstrate his bona fide, he is willing todeposit a sum of Rs.5,00,000/-. He further submits that the petitioner has been inincarceration since 18.03.2025. Therefore, he prays for granting bail to thepetitioner.2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8137 of 20255. Per contra, Mr.M.Karunanithi, learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that the petitioner herein, alongwith the other accused, illegally conspired and received more than a sum ofRs.50,00,000/- from the general public by executing a fake document and allotmentorder. He further submits that if the petitioner is enlarged on bail, he may abscond,thereby causing delay in the investigation, and may also cause threat to the defactocomplainant and witnesses and tamper with the evidence. Hence, he vehementlyopposes to grant bail to the petitioner.6. Heard on both sides and perused the records including the First InformationReport.7. The petitioner was arrested on 18.03.2025 and has been in judicial custodysince then. In view of the offences allegedly committed by the petitioner, andconsidering the fact that the petitioner has undertaken to deposit a sum ofRs.5,00,000/-, this Court is of the opinion that further custody of the petitioner is notnecessary for the Investigating Agency in this case. Further, the petitioner haspermanent residence and deep roots in the society. Therefore, there is less possibilityof absconding. Considering the same, and also considering the period ofincarceration, and with a view to give an opportunity to the petitioner to reformhimself, this Court is inclined to grant bail to the petitioner, however, subject to the3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8137 of 2025following 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 TenThousand only) to the satisfaction of the learned Judicial Magistrate No.I, Nagercoil,Kanniyakumari District; (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, Nagercoil, KanniyakumariDistrict shall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhsonly), as agreed above, to the credit of Crime No.1 of 2025 before the learnedJudicial Magistrate No.I, Nagercoil, Kanniyakumari District, without prejudice tohis rights and contentions before the Trial Court, within a period of 30 days from thedate of receipt of a copy of this order and produce the receipt/acknowledgmentbefore the concerned Judicial Magistrate. Upon such deposit, the concernedMagistrate shall deposit the said amount in a fixed deposit scheme in any one of theNationalized Banks for a period of one year, and thereafter, renew the same until theconclusion of the trial. The Trial Court shall pass an order qua entitlement of thesaid amount in its final order/judgment;4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8137 of 2025(iv) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate No.I, Nagercoil, Kanniyakumari District; (v) The petitioner shall appear and sign before the respondent -police daily at10.30 am until further orders; (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 No.I, Nagercoil, Kanniyakumari District, is entitled to pass appropriateorders against the petitioner in accordance with law as if the aforementionedconditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) 13 SCC 283].5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8137 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 30/04/2025 / TRUE COPY / 02/05/2025 Sub-Assistant Registrar (PA-I) Madurai Bench of Madras High Court, Madurai - 625 023. TRP To1. The Judicial Magistrate No.I, Nagercoil, Kanniyakumari District,2. Do-Through The Chief Judicial Magistrate, Kanyakumari District at Nagercoil.3. The Officer-in-Charge, Sub Jail, Nagercoil, Kanniyakumari.4. The Inspector of Police, CBCID - South, Nagercoil, Kanniyakumari District.5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.M/S.ARAN LEGAL CONSULTANCY, Advocate ( SR-5253[I] dated30/04/2025 ) ORDER IN CRL OP(MD) No.8137 of 2025 Date :30/04/2025 6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.8137 of 2025NBF/SAR/02.05.2025 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7