K.Ayyadhurai v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH K.Ayyadhurai, .. Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep. by the Inspector of Police, District Crime Branch, Virudhunagar , Virudhunagar District.
Crime No. 15/2023.
... Respondent/Complainant For Petitioner : Mr.SC.Herold Singh, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 15 of 2023 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 04.12.2024 for the offences under Sections 409 and 420 of IPC in Crime No.15 of 2023 on the file of the respondent Police, seeks bail. 2.The case of the prosecution is that Accused No.1 demanded money from the defacto complainant in the pretext of arranging the Government job for the defacto complainant and her husband. Believing the same, a total sum of Rs.9,20,000/- was paid by the defacto complainant. However, later no job was secured and the amount was also not repaid back. There are totally three accused persons in this case and the petitioner has been arrayed as Accused No.1.
3. The learned Additional Public Prosecutor appearing for the respondent Police submitted that Accused Nos.2 and 3 are still absconding and the petitioner was the main person, who had promised to arrange the Government job.
4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.
5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 04.12.2024 and taking note of the fact that no useful purpose will be served in keeping the petitioner inside the jail and it will not help the prosecution to make any progress in the 2/5
investigation, this Court is inclined to grant bail to the petitioner subject to the following conditions.
6. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar and on further conditions that:- [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 petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond 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]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 08/01/2025 / TRUE COPY / 08/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.
4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR , VIRUDHUNAGAR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-245[I] dated 08/01/2025 ) 4/5
ORDER
IN CRL OP(MD) No.280 of 2025 Date :08/01/2025 SA/SAR. /08.01.2025/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5