Murugan Alias Murugadoss v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Murugan Alias Murugadoss ... Petitioner/Accused No.7 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, District Crime Branch, Virudhunagar District.

(Crime No. 12 of 2023).

... Respondent/Complainant For Petitioner : Mr.J.Mathesh For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 12 of 2023 on the file of the respondent-Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 20.02.2025 under 1/4

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of pre-arrest bail.

2. The petitioner/A7 apprehends arrest at the hands of the respondent-Police for the offences punishable under Sections 120B, 406, 420, 465, 468 of IPC in Crime No.12 of 2023 on the file of the respondent-police

3. The case of the prosecution is that the accused persons have received a sum of Rs.10,00,000/- from the dafacto complainant on various dates under the pretense of securing job in Court and Secretariat. They also brought the defacto complainant to Chennai under the pretense of verifying the certificates, where they received the original certificates, but, did not return the same. The accused persons did not secure a job for the defacto complainant and return the amount. When the same was questioned, they threatened the defacto complainant saying that they will destroy the original certificates. Hence, this case.

4. Mr.J.Mathesh, learned counsel appearing for the petitioner, submits that the petitioner has nothing to do with the alleged offence and the money was paid to A1 and A2 directly by the defacto complainant. He further submits that the petitioner 2/4

has been falsely implicated in this case. He further submits that the co-accused/A3 and A4 were granted pre-arrest by this Court in Crl.O.P.(MD)No.18465 of 2023, on 13.10.2023. Hence, he prays to grant an order of pre-arrest bail.

5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-Police, submits that this is the fourth prearrest bail application filed by the petitioner and there is no change in circumstances. He further submits that this Court in Crl.O.P.(MD)No.18465 of 2023, vide order dated 13.10.2023, granted pre-arrest bail to A3 and A4, since they are women. He further submits that custodial interrogation is necessary in this case. Hence, he prays to dismiss this Criminal Original Petition.

6. This Court has perused the order passed in Crl.O.P.(MD)No.18465 of 2023. It reveals that A3 and A4 were granted pre-arrest bail on the ground that they are women. There is no change in circumstances between the date of dismissal of the earlier pre-arrest bail application filed by the petitioner and the date of filing of this petition. In view of the above, this Court is of the view that granting an order of prearrest bail is likely to result in the petitioner committing a similar offence by the petitioner and custodial interrogation of the petitioner is necessary in this case. 3/4

7. Therefore, this Court is not inclined to grant pre-arrest bail to the petitioner and hence, this Criminal Original Petition stands dismissed. sd/- 24/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

APD TO THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.3366 of 2025 Date :24/02/2025 SS/SKN/SAR- /10/03/2025/ 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4