Sasikumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Sasikumar, S/o. Arumugam, No.49, Pajanai Kovil Veethi, Kaniyur, Tiruppur District..
... Petitioner/Accused 3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, District Crime Branch, Tiruchirappalli District.
(In Crime No. 61 of 2024).
... Respondent/Complainant For Petitioner : Mr.R.Balamuruganantham, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor For Intervener : Mr.M.Prabhakaran, Advocate PETITION FOR BAIL Under Sec.483 of BNSS 1/5
PRAYER :- For Bail in Crime No. 61 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 03.12.2024 for the alleged offences under Sections 420, 406, 506(i) and 120 B of IPC in Crime No.61 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the accused persons received a total sum of Rs.32,15,000/- from the defacto complainant by promising the defact complainant that there is a treasure in the house of the petitioner containing gold and that after finding the treasure, half of the gold will be given to the defacto complainant. Thereafter, money was not repaid back to the defacto complainant and share in the treasure was also not given to the defacto complainant. There are totally five accused persons in this case and the petitioner has been arrayed as Accused No.3.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and considering the nature of allegations that has been made in the complaint and taking note of the fact that the petitioner has suffered incarceration from 03.12.2024 and considering the fact that the investigation is pending in this case and the there is one 2/5
previous case against the petitioner of similar nature, for which, the petitioner is facing trial in C.C.No.404 of 2023 before the learned Judicial Magistrate, Dindigul and considering the fact that the co-accused has already been enlarged on bail by this Court in Crl.O.P.(MD).No.517 of 2025 by an order dated 10.01.2025, this Court is inclined to grant bail to the petitioner subject to the following conditions:
5. Accordingly, the petitioner is ordered to be released on bail on his 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.I, Trichirappalli, Trichirappalli District, 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. except on those days where the petitioner has to attend the trial in C.C.No.404 of 2023 before the learned Judicial Magistrate, Dindigul 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 3/5
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 of BNS, 2023.
sd/- 29/01/2025 / TRUE COPY / 29/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUCHIRAPPALLI, TIRUCHIRAPPALLI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL TIRUCHIRAPPALLI, TIRUCHIRAPPALLI DISTRICT. 4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUCHIRAPPALLI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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COPY TO:
THE JUDICIAL MAGISTRATE, DINDIGUL.
+1 CC to M/s.R.BALAMURUGANANTHAM, Advocate ( SR-1023[I] dated 29/01/2025 )
ORDER
IN CRL OP(MD) No.1727 of 2025 Date :29/01/2025 SA/SAR. /29.01.2025/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5