Mayandi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Mayandi ... Petitioner/Accused No.2 Vs.

The State of Tamil Nadu, Rep by the Inspector of Police, Subramaniapuram Police Station, Madurai City.

Crime No.50 of 2025 ... Respondent/Complainant For Petitioner :

Mr.S.Malaikani For Respondent :

Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.50 of 2025 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 11.03.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant an order of pre-arrest bail.

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2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 406, 420 and 506(i) of Indian Penal Code, 1860, in Crime No.50 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 08.10.2022, A1 pledged 68 grams of chain in Kosamattam Finance Company and obtained a loan of Rs.1,99,900/-. While so, on 21.12.2022, during inspection the authorities of the Finance Company found that the said jewel is a bogus one. While the same was questioned to A1, he criminally intimidated the defacto complainant. Hence, the complaint.

4. Mr.S.Malaikani, learned counsel appearing for the petitioner submits that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court and to show his bonafide, the petitioner is ready and willing to deposit a sum of Rs.75,000/- in the crime number. Hence, he prays for grant of pre-arrest bail to the petitioner.

5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-police, submits that the accused persons pledged fake jewels and obtain a loan of Rs.1,99,900/- in this case and that custodial interrogation of the petitioner is necessary in this case to unearth the truth. Accordingly, he prays to dismiss this Criminal Original Petition.

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6. Heard on both sides. This Court has perused the records.

7. In view of the averments in the First Information Report and in view of the submissions made by the learned counsel for the petitioner, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions: (i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.IV, Madurai, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate No.IV, Madurai; (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

(iii) The petitioner shall make himself available for interrogation by a police officer as and when required;

(iv) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; 3/5

(v) The petitioner shall not leave India without the previous permission of the Court;

(vi) Thereafter, the petitioner shall appear and sign before the respondent-Police weekly twice i.e, on every Monday and Friday at 10.00 a.m. until further orders; (vii) The petitioner shall deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of Crime No.50 of 2025 on the file of the respondentPolice before the learned Judicial Magistrate No.IV, Madurai. The learned Judicial Magistrate No.IV, Madurai, in turn, shall deposit the same in any interest bearing FD Scheme in any nationalized bank for a period of one year, and thereafter, renew them till the final Judgment is passed. Further, the learned Judicial Magistrate No.IV, Madurai or the Trial Court shall pass orders with regard to the deposited amount while passing final orders / final Judgement.

(viii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.

them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 20/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, SUBRAMANIAPURAM POLICE STATION, MADURAI CITY.

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

ORDER IN CRL OP(MD) No.4746 of 2025 Date :20/03/2025 PP/SAR. /16.04.2025/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5