Kabali Nadhan v. The State Of Tamilnadu Rep. By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.7211 of 2025 Kabali Nadhan

...Petitioner

Vs.

The State rep by The Inspector of Police, Chennai CCB-1.

(Crime No.15 of 2025) .. Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.15 of 2025 pending investigation on the file of the respondent police. For Petitioner : M/s.C.Deepak Kumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 14.02.2025, seeking bail in Crime No.15 of 2025 registered for the offence under Sections 336(2), Page No.1 of 7

336(3), 337, 340(2), 318(2), 318(4) and 62 of BNS 2023. 2.

The case of the prosecution is that the defacto complainant had is the Administrative Engineer in the Tamil Nadu Urban Habitat Development Board; that on 26.08.2024, one Mrs.Lakshmi and one Mrs.Jeyasakthi visited the petitioner's office seeking a grant of house allotment orders; that the defacto complainant found that the allotment orders were fabricated and hence, lodged a complaint. The further case of the prosecution is that the petitioner and other accused collected money from various victims on the promise of giving allotment orders, and thus received a total sum of Rs.2,56,75,000/- of which the petitioner received a commission of Rs.9,45,000/-.

3.

The learned counsel appearing for the petitioner submitted that the co-accused were granted bail by the Sessions Court on deposit of a portion of the alleged amount received by them; and that to show his bonafides, the petitioner is willing to deposit Rs.5,00,000/- to the credit of crime number and hence, prayed for bail to the petitioner. Page No.2 of 7

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and confirmed that, out of the cheated amount, the petitioner had received a sum of Rs.9,45,000/- as commission.

5. Considering the aforesaid facts,similarly placed co-accused were granted bail by the Sessions Court, this Court is inclined to grant bail to the petitioner with certain conditions.

6.

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 Metropolitan Magistrate for Exclusive trial of CCB cases, and CBCID Metro cases, Egmore, Chennai and on further conditions that: [a] the petitioner shall deposit a sum of Rs.5,00,000/- to the credit of Crime No.15 of 2025.

[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Page No.3 of 7

Aadhar card or Bank pass Book to ensure their identity; [c] the petitioner shall report before the respondent Police, twice a week at 10.30 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 during investigation or trial;

[f] 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];

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

17.03.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 7

To 1.The Inspector of Police, Chennai CCB-1.

2.The Metropolitan Magistrate for Exclusive trial of CCB cases, and CBCID Metro cases, Egmore, Chennai 3.The Superintendent of Prison, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN , J.

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