Muthumuni v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Muthumuni ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.
Cr.No.25 of 2026.
... Respondent/Complainant For Petitioner : S.Murugapandi, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-24B. For Bail in Cr.No.25 of 2026 on the file of the respondent police.
ORDER : The Court made the following order :- 1/7
The petitioner, who was arrested and remanded to judicial custody on 20.01.2026 for the offences punishable under Sections 316(5) & 318(4) of BNS, 2023, [corresponding sections 409 & 420 of IPC] in Crime No.25 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner had cheated the defacto complainant to the tune of Rs.37 lakhs for getting job at abroad. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 20.01.2026. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the petitioner has no previous cases. However, he opposed for grant of bail to the 2/7
petitioner.
5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, 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, Sivakasi, and on further conditions 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 Aadhaar card or bank pass book to ensure their identity;
[b] the petitioner is directed to deposit a sum of Rs.2,00,000/-(Rupees Two Lakhs only) to the credit of Crime No.25 of 3/7
2026, before the Judicial Magistrate No.II, Sivakasi. On such deposit being made the learned Magistrate shall accept the sureties furnished by the petitioner/petitioners.
After receipt of the amount, the learned Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.
[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[e] the petitioner shall not abscond either during investigation or trial;
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[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 is 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 9 BNS.
26.02.2026 PJL TO
1. Judicial Magistrate No.II, Sivakasi.
2. Do-Through The Chief Judicial Magistrate, Viruthunagar District.
3. The Superintendent, District Prison, Virudhunagar. 5/7
4. The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J PJL
ORDER
IN CRL OP(MD) No.4409 of 2026 Date : 26/02/2026 7/7