High Court · 2025

Crl.O.P(MD).No.9958 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on: 19.06.2025Pronounced on: 02.07.2025PRESENTTHE HONOURABLE MR.JUSTICE P.VADAMALAICrl.O.P(MD).No.9958 of 2025andCrl.M.P(MD)No.7721 of 2025KalidassS/o.Royal Naidu...Petitioner/Sole Accused Vs.The State of Tamil Nadu rep.byThe Inspector of Police,DCB, Tenkasi,Tenkasi District.(Crime No.7 of 2025)... Respondent/ComplainantPRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge thepetitioner on bail pending investigation in Crime No.7 of 2025 on the file of therespondent. For Petitioner : Mr.R.J.KarthickFor Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.side)For Intervenor : Mr.S.Gokulraj1/7 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.9958 of 2025 ORDERThe petitioner seeks bail for the alleged offences U/s.316(2), 318(4), 296(b) and351(3) of BNS, 2023, in Crime No.7 of 2025 on the file of the respondent police.2. The case of the prosecution is that the defacto complainant and his wife areNRI. They appointed the petitioner as their power of attorney to sell their landssituated at Tenkasi District and also vested the right to operate their bank account. Itis alleged that, making use of their power of attorney deed, the petitioner misusedhis position and siphoned off a total sum of Rs.2,30,20,100/-. Hence, the defactocomplainant lodged a complaint.3. The learned counsel for the petitioner has submitted that the petitioner is theclose relative of the defacto complainant. The defacto complainant has already fileda suit in O.S.No.106 of 2025 on the file of the District Court, Tenkasi, against thepetitioner for rendition of accounts. The petitioner was not paid salary and so thepetitioner sent a legal notice demanding dues. So, the present case has been filed.Already, the petitioner has filed a direction petition, and the same was closed by thisCourt in Crl.O.P(MD)No.5663 of 2024 on 15.04.2024. The transaction between the2/7 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.9958 of 2025parties is purely in civil nature. While the suit for rendition account is filed, there isno question of allegation of cheating. The defacto complainant has also prayed forrecovery of money before the respondent police. The learned counsel furthersubmits that the Hon'ble Supreme Court held that the police has no power orauthority to recover money or act as a civil Court for recovery of money and thepolice has to investigate the allegations which discloses a criminal act, whilequashing FIR of such allegations and relied on the order of the Hon'ble SupremeCourt reported in 2024 1 ACR 983. The petitioner is in custody from 17.05.2025 formore than 45 days. The petitioner has not committed any offence as alleged by theprosecution. He is ready to abide by any condition imposed by this Court. 4. The learned Government Advocate (Criminal Side) appearing for therespondent police has submitted that the defacto complainant is NRI and he gave apower of attorney to the petitioner for maintaining his lands and bank accounts. But,the petitioner committed cheating and siphoned off crores of money of the defactocomplainant. He would further submit that the investigation is pending, and if thepetitioner grants bail, he would tamper with the evidence. Therefore, the petitionmay be dismissed.5. The learned counsel for the intervening petitioner has argued that the3/7 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.9958 of 2025petitioner was given power of attorney by the defacto complainant considering hisrelationship. When the intervening petitioner returned bank on 25.10.2023, he cameto know that the petitioner misused the power and looted money from 20.10.2018and swindled nearly 2 crores and 30 lakhs of the defacto complainant by way ofcheating, taking advantage as the defacto complainant is NRI. The petitioner hasalso been involved in the same nature of crime upon the complaint given by themother of the complainant and the same was registered in Crime No.78 of 2024 ofthe respondent police. Investigation is pending at the preliminary stage and the bailpetition may be dismissed. 6. Heard and perused available records. It is seen from the records that thepetitioner is the relative of the defacto complainant and also power of attorney wasexecuted by the defacto complainant in favour of the petitioner to maintain his landand money transactions. It is also known that as there was a dispute arose betweenthem, a suit in O.S.No.106 of 2025 on the file of the Principal District Court, Tenkasiwas filed by the defacto complainant for rendition of accounts against the petitioner.Thereafter, this present complaint was lodged before the respondent police, thepetitioner was arrested and he is inside the prison on judicial custody from17.05.2025. The petitioner is in custody more than 45 days and the respondent police4/7 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.9958 of 2025has not sought any custodial interrogation till now. On perusal of records, it isprima facie clear that the dispute is in civil nature. On perusal of the contents of FIR,the defacto complainant mainly prayed for recovery of money and lands. TheHon'ble Supreme Court has held in 2024 1 ACR 983, relied on by the petitioner'sside that the police has no power or authority to recover money or act as a civilCourt for recovery of money. Therefore, considering the above facts andcircumstances and also considering the incarceration period of the petitioner, by thistime most of the investigation might have been completed, this Court is inclined togrant bail to the petitioner subject to conditions. 7. Accordingly, the petitioner is ordered to be released on bail on executing abond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with twosureties, each for a like sum to the satisfaction of the Judicial Magistrate Court No.1,Tirunelveli, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar card or Bank passBook to ensure their identity;[b] The petitioner shall furnish his residential address and contact number to5/7 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.9958 of 2025the learned Judicial Magistrate No.1, Tirunelveli. If the petitioner changes hisresidential address, he shall report the same to the learned Judicial Magistrate No.1,Tirunelveli;(c) On release, the petitioner shall appear and sign before the Inspector ofPolice of respondent police station daily at 10.00 a.m. until further orders;[d] the petitioner shall not abscond either during investigation or trial.[e] the petitioner shall not tamper with evidence or witness either duringinvestigation or trial;[f] On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the petitioner in accordance withlaw as if the conditions have been imposed and the petitioner released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Courtin P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];[g] If the accused thereafter absconds, a fresh FIR can be registered underSection 269 BNS. Consequently, the connected Miscellaneous Petition is closed. sd/- 02/07/2025 / TRUE COPY / 02/07/2025 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.O.P(MD).No.9958 of 2025VSDTo1.The Judicial Magistrate No.1, Tirunelveli.2.Do Through The Chief Judicial Magistrate, Tirunelveli.3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli.4.The Inspector of Police, DCB, Tenkasi, Tenkasi District. 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.R.J.KARTHICK, Advocate ( SR-7045[I] dated 02/07/2025 ) ORDER IN CRL OP(MD) No.9958 of 2025 Date :02/07/2025 HPS/02.07.2025 /7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7