Senthamil Selvi v. State Rep. By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.13190 of 2025 1., Senthamil Selvi W/o. Saravanan

2. Senthil @ Senthilkumar S/o. Moorthi

3. Bharath S/o. Saravanan ... Petitioners/Accused Vs.

The State represented byThe Inspector of Police, Central Crime Branch, Salem City.

(Crime No.7 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.7 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. P. Saravanan For Respondent : Ms. J.R. Archana Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was 1/5

arrested and remanded to judicial custody on 23.03.2025, seeking bail in Crime No.7 of 2025 registered for the offences under Sections 120-B, 420 of IPC and Section 5 of TNPID Act.

2. The case of the prosecution is that the petitioners along with other accused, had run an unregistered Chit fund, collected chit from the victims and cheated to the tune of Rs.32,24,740/-. Hence, this case.

3. The learned counsel appearing for the petitioners submitted that the allegations against the petitioners are false; that they have nothing to do with the alleged offences; and that in any case, considering the period of incarceration, further custody of the petitioners is not required and prayed that the petitioners may be released on bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing grant of bail to the petitioners, reiterated the prosecution case and on instructions, confirmed the aforesaid facts.

5. Considering the aforesaid submissions made on either side, nature of allegations 2/5

which are borne out by records and period of incarceration, this Court is of the view that further custody of the petitioners is not required for the purpose of investigation. Hence this Court is inclined to grant bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond each for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Special Court for TNPID Act cases, Coimbatore. [a] the sureties shall affix their photographs and Left 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; 3/5

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

28.04.2025 mjs To

1. The Special Court for TNPID Act cases, Coimbatore.

2. The Inspector of Police, Central Crime Branch, Salem City.

3. The Superintendent of Police, Central Prison, Salem.

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

SUNDER MOHAN., J.

mjs 28.04.2025 5/5