Kalesh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Kalesh ... Petitioner Vs The State of TamilNadu, Rep. by The Inspector of Police, District Crime Branch, Tenkasi District.

... Respondent For Petitioner : Mr.S.G.L.Rishwanth For Respondent : Mr.B.Thanga Aravindh, Government Advocate(Crl.side) Mr.T.Kanagaraj (for intervenor in Crl.MP(MD)No.5537/25) Mr.M.Alagarsamy (for intervenor in Crl.MP(MD)No.3956/25) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.8 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the 1/5

respondent police for the offences punishable under sections 120B, 406 and 420 of IPC in Cr.No.8 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to covid-19 pandemic, when the petitioner's garments company had been running at loss, the defacto complainant, who was working as tailor in the petitioner's company, lent her jewels to the petitioner, in order to mobilise the funds for paying the salary of the employees by promising that the jewels would be returned within one month. Believing the same, the defacto complainant had given the jewels. However, the petitioner along with other accused cheated the defacto complainant. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner did not involve in any of the offences as alleged by the prosecution. The petitioner is an innocent and he is falsely implicated in this case. The petitioner is ready to abide by any conditions to be imposed by this Court. He further submits that A1 was granted anticipatory bail by this Court on 22.09.2023 itself. He therefore prays for grant of anticipatory bail to the petitioner.

4. The learned counsel appearing for the intervenors would submit that custodial interrogation is necessary in this case and hence, they opposed to grant anticipatory bail to the petitioner.

5. The learned Government Advocate (Crl.Side) appearing for the respondent 2/5

police would submit that at the time of covid-19 period, the accused received 66.7 sovereigns gold and also a cash of Rs.30,58,000/- from seven victim persons, who are working in the petitioner company and that only accused No.3 settled the amount to one victim. Therefore, he prays to dismiss this Criminal Original Petition.

6. Considering the nature of the allegations and considering the fact that A1 was granted anticipatory bail by this Court, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.I, Tirunelveli, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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. 3/5

[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 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 of BNS 2023.

sd/- 09/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

sm TO 1.The Judicial Magistrate No.I, Tirunelveli.

2.Do through the Chief Judicial Magistrate, Tirunelveli. 4/5

3.The Inspector of Police, District Crime Branch,Tenkasi District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.S.G.L.RISHWANTH, Advocate ( SR-5446[I] dated 09/05/2025 ) ORDER IN CRL OP(MD) No.3283 of 2025 Date :09/05/2025 PP/26.05.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5