Arun Arumugam v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Arun Arumugam ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep., By, the Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

(Crime No. 651 of 2024).

... Respondent/Complainant For Petitioner : Mr.Venkatesh.C., Advocate For Respondent: Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No. 651 of 2024 on the file of the respondent-Police 1/6

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 21.04.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of pre-arrest bail.

2. The petitioner / Sole Accused apprehends arrest at the hands of the respondent-Police for the offences punishable under Sections 318(4), 336(2), 338, 336

(3) and 336(4) of BNS in Crime No.651 of 2024 on the file of the respondent-Police.

3. The case of the prosecution is that the petitioner was working in the defacto complainant's Company / Shri Gomathi Mills Private Limited from 07.01.2022 to 24.03.2023. Thereafter, he was absent without any information. In the meanwhile, the Coimbatore Lakshmi Machine Works Company sent an E-mail to the defacto complainant's Company stating that the petitioner / sole accused had joined their Company by submitting a forged Experience Certificate on the letterhead of the defacto complainant's Company, falsely indicating that it had been issued by them for the period from 07.01.2022 to 24.03.2023. Hence, the case.

4. Mr.C.Venkatesh, the learned counsel appearing for the petitioner, submits that the petitioner is an innocent person, and that he has not committed any offence as alleged by the prosecution, and that he has been falsely implicated in this case. He further submits that the petitioner was working in Shri Gomathi Mills Private 2/6

Limited (defacto complainant's Company) from 07.01.2022 to 24.03.2023. He further submits that the petitioner approached the Manager of the Company and he issued the Experience Certificate to the petitioner. He further submits that the petitioner was unaware about the document in question was forged one. He however submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioner.

5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner furnished the forged Experience Certificate, falsely claiming that it was issued by the defacto complainant. He further submits that there is no previous case pending against the petitioner. However, he vehemently opposes to grant pre-arrest bail to the petitioner.

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

7. Considering the cumulative circumstances and taking note of the fact that there is no previous antecedents against the petitioner, this Court is of the considered view that custodial interrogation of the petitioner is not necessary for the investigating agency. The petitioner has permanent residence and deep roots in the society, and therefore, there is less possibility for absconding, and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to 3/6

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, Cheranmahadevi, Tirunelveli District, 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, Cheranmahadevi, Tirunelveli District;

(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, Cheranmahadevi, Tirunelveli District, shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall appear and sign before the respondent-Police weekly once (i.e., on Sunday) at 10.30 a.m., until further orders; (iv) The petitioner shall make himself available for interrogation by a police officer as and when required;

(v) 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; 4/6

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

(vii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District; (viii) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him 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/- 29/04/2025 // True Copy // /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.

TSG 5/6

TO 1.The Judicial Magistrate, Cheranmahadevi, Tirunelveli District.

2.Do Through The Chief Judicial Magistrate, Tirunelveli.

3.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

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

CRL OP(MD) No.7402 of 2025 Date : 29/04/2025 KVL/26.05.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6