Santhosh v. State Of Tamilnadu Rep By Inspector Of Police, Dcb

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Santhosh

...Petitioner/Accused No.1

Vs State of Tamil Nadu rep. by The Inspector of Police, District Crime Branch,(DCB) Police station, Nagercoil, Kanyakumari District.

(Crime No.4 of 2026)

...Respondent/Complainant

For Petitioner : Mr.T.Arul For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 4 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 1/8

17.02.2026 for the offences punishable under Sections 61(2) and 318(4) of BNS, 2023 in Crime No.4 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner run a company in a name and style of Sanade Manpower Consultancy private limited, in Madhavapuram, Kanyakumari District and they were arranging employment opportunities abroad and in pursuance to that on 21.05.2025, they collected a sum of Rs.4,00,000/- from the defacto complainant and his brother. After receiving the money, no further steps were taken to arrange job to the complainant.

When the defacto complainant requested that they either arrange the promised employment in abroad or return the amount paid, they failed to do so. Hence the case.

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3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has also filed an undertaking affidavit to settle the issue by making payments to the victims. He would further submit that he has been arrested and remanded to judicial custody on 17.02.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner has no previous cases. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

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5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that there was a money dispute in respect of the arranging job in abroad and also recording the undertaking affidavit filed by the petitioner to settle the issue by making payments to the victims and also considering the period of incarceration undergone by the petitioner from 17.02.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 4/8

with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Nagercoil, and on further conditions that:

[b] the petitioner shall report before the respondent police once in a week I.e., on Every Saturday at 10.30 a.m., until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

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[e] 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 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].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

7.The undertaking affidavit filed by the petitioner dated 17.04.2026 shall form part and parcel of the order.

(P D B J) 17.04.2026 vsg To 1.The learned Judicial Magistrate No.I, Nagercoil.

2.The Superintendent, District Jail, Nagercoil.

3.The Inspector of Police, District Crime Branch,(DCB) Police station, Nagercoil, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 6965 of 2026 Date : 17.04.2026 8/8