Nagoor Meeran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/05/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Nagoor Meeran ... Petitioner/Accused No.10 Vs The State of Tamil Nadu, Rep by the Inspector of Police, District Crime Branch Police Station, Tenkasi District.
(In Crime No. 09 of 2024).
... Respondent/Complainant For Petitioner : Mr.S.M.A.Jinnah, Advocate For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.09 of 2024 on the file of the respondent-police. 1/7
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 06.05.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail.
2. The petitioner / Accused No.10 was arrested and remanded to judicial custody on 19.04.2025 for the offences punishable under Sections 120B, 420, 506(2) and 406 of IPC in Crime NO.9 of 2024 on the file of the respondent-police.
3. The case of the prosecution is that the accused persons induced the defacto complainant by stating that Accused No.1 would double the money given to him. Believing their words, the defacto complainant handed over a sum of Rs. 89,50,000/- to the accused persons. However, the accused persons failed to repay the amount. Based on the confession of Accused No.1, the petitioner herein has been arrayed as Accused No.10. Hence, the case.
4. Mr.S.M.A.Jinnah, learned counsel for the petitioner, submits that the petitioner is an innocent person, that he has not committed any offence as alleged by 2/7
the prosecution, and that he has been falsely implicated in this case. He, however, submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. He further submits that the petitioner is ready to deposit a sum of Rs.3,00,000/- to prove his bona fide. He further submits that the petitioner was arrested and remanded to judicial custody since 19.04.2025. He further submits that the petitioner is suffering from prostate cancer. He therefore prays for grant of bail to the petitioner.
5. Per contra, Mr.A.Thiruvadi Kumar, the learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner has cheated the defacto complainant of an amount of Rs.89,50,000/-. He further submits that if bail is granted to the petitioner, he will commit the similar offence again. H Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides and perused the records.
7. The petitioner was arrested on 19.04.2025. In view of the offences allegedly committed by the petitioner, and further, the petitioner has permanent residence, and hence, there is less possibility of absconding. Considering the cumulative 3/7
circumstances, and considering the age of the petitioner, and also considering the period of incarceration, and with a view to give one more opportunity to the petitioner to reform himself, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions:
(i) The petitioner shall execute a bond for 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 I, Tirunelveli; (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 I, Tirunelveli, shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate I, Tirunelveli; (iv) The petitioner shall appear and sign before the respondent-Police daily at 10.30 a.m., until further orders;
(v) The petitioner shall deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) to the credit of Crime No.09 of 2024 on the file of the respondent-police, before the learned Judicial Magistrate I, Tirunelveli. In turn, the learned Judicial 4/7
Magistrate shall deposit the said amount in an interest-bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.09 of 2024. The learned Judicial Magistrate/Trial Court shall pass orders qua entitlement of the said amount in its final order/judgment;
(vi) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNSS, 2023; (vii) The petitioner shall not commit an offence similar to the offence of he is accused, or suspected, of the commission of which he is suspected; (viii) 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 or tamper with the evidence;
(ix) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses; and (x) On breach of any of the aforementioned conditions, the learned Judicial Magistrate I, Tirunelveli, 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 5/7
SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO
1. Judicial Magistrate I, Tirunelveli.
2. Do-Through The Chief Judicial Magistrate, Tirunelveli District.
3. The Superintendent, Palayamkottai Central Prison, Tirunelveli.
4. The Inspector of Police, District Crime Branch Police Station, Tenkasi District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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ORDER
IN CRL OP(MD) No.8531 of 2025 Date :08/05/2025 VN/12.05.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7