Dev @ Deva v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.06.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI Dev @ Deva, S/o.Sureshkumar
...Petitioner / AccusedRank Not Known
Vs The State of Tamil Nadu, Rep by the Inspector of Police, CBCID Police Station, Thanjavur.
(Crime No.6 of 2024) ... Respondent/ Complainant For Petitioner : Mr.K.Muthuvai Ilayaraja, Advocate.
For Respondent :
Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Crime No.6 of 2024 on the file of the respondent police. 1/7
ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on 17.01.2025 for the offences punishable under Sections 120(B), 370, 374, 420 of the Indian Penal Code, 1860 and Section 10 and 24 of Immigration Act, in Crime No.6 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant, namely Ebinesar, approached the first accused, Anandhi, who is running a travel agency in Kumbakonam, seeking overseas employment. Anandhi offered him a job in a gaming company in Thailand and demanded a sum of Rs.1,40,000/- for arranging the said employment. Accordingly, the defacto complainant paid Rs.1,00,000/- in cash and transferred Rs.40,000/- via GPay to Anandhi. Subsequently, on 13.05.2024, the defacto complainant and his friends travelled to Thailand, where they were received by a Chinese man, who took them to a company located in a place known as the Golden Triangle. Upon arrival, the defacto complainant and his friends were allegedly forced to transfer money through a cryptocurrency link. When they refused to comply, they were subjected to torture, including electric shocks and being forced to perform 100 push-ups. They were also given only Chinese food. Further, the defacto complainant and his friends were made to work at the said 2/7
company for a period of 45 days, during which they were paid 35,000 Yuan. When they requested to return to India, they were informed that they had been "purchased" for 20,000 Yuan. Consequently, the defacto complainant and his friends paid the said amount and managed to return to India. Thereafter, the defacto complainant lodged a complaint at the Naducavery Police Station. A case was registered, and during the course of the investigation, the matter was transferred to the respondent police for further inquiry. Hence the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. He would further submit that the petitioner only asked the defacto complainant to approach A1's agency for securing employment abroad, and thereafter, he had no further contact with either A1 or the defacto complainant. He would also submit that the petitioner has already surrendered his passport to the investigation officer. He would further submit that the petitioner is in custody from 17.01.2025. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that, in 3/7
this case, the defacto complainant and three other victims have been enquired. He would also submit that A1 was arrested and subsequently released on bail. He would further submit that another one person involved in the case is yet to be apprehended. He would also submit that there are no previous cases against the petitioner. He would also admit that the petitioner has already surrendered his passport before the Investigating Officer. He, however, would submit that the investigation in this case is still pending and therefore, he opposes the grant of bail to the petitioner.
5. This Court has heard the learned counsel on both sides and perused the materials available on record.
6. Taking into consideration the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and also taking into consideration the period of incarceration and also the fact that the co-accused has already been released on bail, this court is inclined to grant bail to the petitioner, however, subject to the following conditions:
7. Accordingly, the petitioner is ordered to be released on bail on his executing 4/7
a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Thiruvaiyaru, and on further conditions that:- [a] 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 petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Thiruvaiyaru. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Thiruvaiyaru.
[c] the petitioner shall report before the respondent police daily twice at 10.30 a.m. and 05.30 p.m. until further orders.
[d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness 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 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]. 5/7
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
8. In the result, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 24/06/2025 / TRUE COPY / 24/06/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO
1. THE JUDICIAL MAGISTRATE, THIRUVAIYARU.
2. THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.
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3. THE SUPERINTENDENT, CENTRAL PRSION, TRICHY.
4. THE INSPECTOR OF POLICE, CBCID POLICE STATION, THANJAVUR.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8900 of 2025 Date :24/06/2025 PR/24 .06 .2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7