Suresh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Suresh ... Petitioner/Accused(Sole) Vs The State of Tamil Nadu, Rep by the Inspector of Police, Kallaperumbur Police Station, Thanjavur District.

Crime No.06/2025.

... Respondent/Complainant For Petitioner : Mr.C.Senthil Murugan, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No.06 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 09.01.2025 for offences under Sections 316(2) and 318(4) of BNS, 2023 in Crime NO.06 of 2025, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner received a total sum of Rs.5.14 Lakhs from the defacto complainant in the pretext of getting employment abroad. However neither employment was secured nor amount was repaid back.

3. The learned Additional Public Prosecutor appearing for the respondent Police submitted that out of the total sum of Rs.5.14 Lakhs, the petitioner had settled only a sum of Rs.1.46 Lakhs and the balance amount was not settled.

4. The learned counsel appearing for the petitioner submitted that the petitioner is suffering incarceration from 09.01.2025 and that the petitioner in order to show his bona fides will deposit a sum of Rs.50,000/- immediately and the balance amount will be settled within a period of four weeks thereafter.

5. Taking into consideration the facts and circumstances of the case and 2/5

considering the undertaking given by the petitioner and taking note of the fact that the petitioner has suffered incarceration from 09.01.2025, 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, Thanjavur 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 deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) within a week immediately after coming out on bail to the credit of Crime No.06 of 2025 on the file of the learned Judicial Magistrate No.II, Thanjavur. The petitioner shall deposit the balance amount of Rs.3.18 Lakhs within a period of four weeks after coming out on bail to the credit of Crime No.06 of 2025 on the file of the learned Judicial Magistrate No.II, Thanjavur.

[c] the petitioner report before the respondent Police every Friday at 10.30 a.m. until further orders.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond 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 of BNS, 2023.

sd/- 31/01/2025 / TRUE COPY / 31/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO

1. The Judicial Magistrate No.II, Thanjavur

2. Do-Through The Chief Judicial Magistrate, Thanjore District @ Kumbakonam. 4/5

3.The Officer in charge, District Prison, Thanjavur.

4. The Inspector of Police, Kallaperumbur Police Station, Thanjavur District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.2019 of 2025 Date :31/01/2025 RK(31/01/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5