P.Manivannan v. The State Rep, By. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.4757 of 2025 P. Manivannan S/o. Palaniyappan ... Petitioner/Accused-2 Vs.

The State represented byThe Inspector of Police, District Crime Branch, Krishnagiri.

(Crime No.2 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.2 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. I. Abrar Mohamed Abdullah For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 31.01.2025, seeking bail in Crime No.2 of 2025 registered for the offences under Sections 409, 468, 420 and 120-B 1/6

of IPC.

2. The case of the prosecution is that the defacto complainant wanted to sell the property and approached A5, that A5 advised the defacto complainant that instead of selling the property, the property can be mortgaged and money can be generated; that he introduced the defacto complainant to A2; that A2 had introduced A1 to the defacto complainant; that thereafter, the defacto complainant handed over the original documents of the property to enable A1 to obtain loan from State Bank of India to the tune of Rs.1.5 crores; that A5 had given Rs.35 lakhs to the defacto complainant.

3. Learned counsel appearing for the petitioner submitted that the petitioner has nothing to do with A1; that the allegation that he introduced the defacto complainant to A1 is false; that in any case, considering the period of incarceration and the case is borne out by records, further custody of the petitioner is not required for the purpose of investigation and hence prayed for grant of bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that A1 is absconding; that 2/6

this Court granted anticipatory bail to A3 and A4 in Crl. O.P. No.3294 of 2025 and also submitted that A2 also shared money received by A1 from the bank. The petitioner is in custody from 31.01.2025.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. It is not the case of the prosecution that the bank had sanctioned loan to the petitioner. Considering the nature of allegations, period of incarceration and since the allegations are borne out by records, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation and hence this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Krishnagiri.

[a] the sureties shall affix their photographs and Left 3/6

Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police, weekly twice i.e., on Monday and Thursday at 10.30 a.m. for a period of two weeks and thereafter as and when required by the respondent police for interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

24.02.2025 mjs To 4/6

1. The Judicial Magistrate, Krishnagiri

2. The Inspector of Police, District Crime Branch, Krishnagiri.

3. The Superintendent, Central Prison, Krishnagiri.

4. The Public Prosecutor, High Court of Madras. 5/6

SUNDER MOHAN., J.

mjs Crl.O.P.No.4757 of 2025 24.02.2025 6/6