Jayalakshmi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.04.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL 1.Jayalakshmi 2.Dhinakaran 3.Karthik ... Petitioners/Accused Nos.1, 2 & 4 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Ariyamangalam Police Station, Trichy District.

Crime No.601 of 2024 ... Respondent/Complainant For Petitioners :

Mr.T.I.Ramanathan 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.601 of 2024 on the file of the respondent-police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 23.04.2025 1/5

under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioners apprehend arrest at the hands of the respondent-police for the offences punishable under Sections 294b, 405, 417, 420 and 506(1) of Indian Penal Code, 1860 in Crime No.601 of 2024 on the file of the respondent-police.

3. The case of the prosecution is that the defacto complainant is running a Hospital. A1, A2 and A4 induced the defacto complainant to obtain loans from Indian Bank and HDFC Bank in Kattur Kailash Nagar Branch totalling a sum of Rs.22,53,480/- under a false pretense of funding a gym business. The accused persons had promised to return the same by monthly installment of Rs.46,203/-. However, they failed to do so. Hence, the case.

4. Mr.T.I.Ramanathan, learned counsel appearing for the petitioners submits that the petitioners did not commit any offence as alleged by the prosecution and a false case has been foisted against them. He however submits that the petitioners are ready to abide any conditions to be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioners.

5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-police, submits that this case involves huge transaction of money and investigation is yet to be completed. Therefore, he prays to 2/5

dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records including the First Information Report.

7. It appears that there is a dispute regarding money transaction between the petitioners and the defacto complainant. In view of the nature of offence, this Court is of the view that custodial interrogation of the petitioners is not required for investigation agency in this case. Further, the petitioners have permanent residence. Therefore, there is less possibility of absconding. Hence, this Court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions: (i) The petitioners shall be released on bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate No.VI, Trichy, 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.

25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate No.VI, Trichy; (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'].

3/5

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

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

(vi) Thereafter, the petitioners shall appear and sign before the respondentPolice daily at 10.00 a.m. until further orders; (vii) The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.VI, Trichy; (viii) The petitioners 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, concerned Magistrate, or Trial Judge as the case may be, is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by 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 4/5

conditions stated supra.

Sd/- 25/04/2025 / TRUE COPY / / /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.VI, Trichy.

2.Do Through The Chief Judicial Magistrate, Trichy.

3.The Inspector of Police, Ariyamangalam Police Station, Trichy District.

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

+1 CC to M/s.T.I.RAMANATHAN, Advocate ( SR-5029[I] dated 29/04/2025 ) CRL OP(MD) No.7668 of 2025 Date : 25.04.2025 BV(27/05/2025) 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5