Sasi @ Sasikumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI and Crl.M.P(MD)No.7656 of 2025 1.Sasi @ Sasikumar 2.Vijayalakshmi @ Viji
...Petitioners/
Accused Nos.3 & 4 Vs.
The State of Tamil Nadu rep. by The Inspector of Police, S.S.Colony Police Station (L & O), Madurai City.
(Crime No.230 of 2025)
...Respondent/Complainant
For Petitioners : Mr.S.Devasena For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) For Intervenor : Mr.N.Balasubramanian 1/7
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.230 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 318(4) of BNS, in Crime No.230 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with Accused No.2, assured the defacto complainant to get a job at abroad and received a sum of Rs.11.5 lakhs. But the accused persons did not obtain any job for him and also cheated the defacto complainant. Hence, the case has been registered.
3. The learned counsel for the petitioners submitted that originally, the defacto complainant had approached our consultancy to obtain a job in Canada and he paid Rs.2 lakhs. But we were unable to secure a job for him and told him to receive the amount, which he paid. When he came to collect the same, by seeing other people 2/7
securing jobs in the UK through our agency, he kept on insisting to secure a job for himself in the UK, and so we asked him to submit his IELTS result. After taking the exam, he produced the result with low marks and we told him that with his marks, securing a job would be impossible, but he kept on pestering about that. So, through a referral company, we tried to secure a job and for that, we have paid Rs.9 lakhs for sponsorship. Even after the sponsorship was awarded, he was not selected due to his IELTS results. For that, he came to our office and quarreled with and also attacked us for the money. He would further submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that there are totally four accused, the petitioners herein are arrayed as Accused Nos.3 and 4. Accused No.1 is the Company and Accused No.2 is the owner of the company, now absconding. The petitioners along with the second accused gave a false promise to obtain a job in abroad and received Rs.11.5 lakhs from the defacto complainant and cheated him. He would further submit that the investigation is still pending and hence, he objected to grant bail to the petitioners. However, he fairly concedes that no previous case is pending against the petitioners. 3/7
5. The learned counsel for the defacto complainant/intervenor submits that after seeing the advertisement in the news paper, over phone he contacted Tripsweet Carreer Solutions and TSPL Private Ltd., situated at 118/1, 2nd Floor, D.K.Plaza Complex, Co-op Tex Street, Theni Main Road, Virattipathu, Madurai and asked about placement in Canada for which they also instructed the defacto complainant to come to their office and to attend the interview. At that time in their office, the petitioners/Accused Nos.3 & 4 asked the defacto complainant to deposit Rs.2 lakhs as an initial amount and the remaining amount has to be paid after the confirmation received from the company. Thereafter, on 07.08.2023, the defacto complainant paid the advance amount of Rs.2 lakhs and on 29.09.2023, he paid Rs.9.50 lakhs, but no call letter or work visa was given by the petitioners and they also cheated him. Hence, he strongly opposed to grant anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, the offence occurred in the year 2023, and the complaint was given only after two years and the F.I.R. registered on 04.04.2025, by this time most of the investigation might have been completed and further on perusal of the additional typed set of papers it appears 4/7
that the petitioners have transferred a sum of Rs.10 lakhs to the London Company and also taking note of the fact that the petitioners have appeared before the respondent police for interrogation and at this stage custodial interrogation is not necessary, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.V, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate Court No.V, Madurai, and on further conditions that:
(a) the petitioners 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; (b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.V, Madurai. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial 5/7
Magistrate No.V, Madurai;
(c) the petitioners shall appear and sign before the respondent police daily at 10.00 a.m., until further orders;
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioners 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 petitioners 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]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS. Consequently, the connected Criminal Miscellaneous Petition is closed.
sd/- 11/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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VSD TO 1.The Judicial Magistrate No.V, Madurai.
2. Do through the Chief Judicial Magistrate, Madurai.
3.The Inspector of Police, S.S.Colony Police Station (L & O), Madurai City.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.DEVASENA, Advocate ( SR-7516[I] dated 14/07/2025 )
ORDER
IN CRL OP(MD) No.7064 of 2025 Date :11/07/2025 PS/SAR.29.07.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7