Senthilkumar v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Senthilkumar, S/o.Pachaimuthu, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Palani Taluk Police Station, Palani, Dindigul District.

(Crime No.170 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Pandian Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.170 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 15.05.2025 for the offences punishable under Sections 296(b), 351(3), 316(2), 318(2) of BNS 2023 and Section 4 of TNPHW Act in Crime No.170 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complainant is a grandson of Poomalai. The accused was worked as driver under the defacto-complainant's grandmother Poomalai, at that time, he gave a false promise to earn more money in construction and Real estate business and also food processing business and he received Rs.70,50,000/- cash in various occasions and 17 sovereigns of golden ornaments from Poomalai. On 13.05.2025, when the defacto-complainant was questioned about the repayment of money and jewels, the accused abused him in filthy languages and threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioner would submit that the defactocomplainant is a big-shot in the locality. A false complaint has been lodged against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide 2/6

and conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 15.05.2025 nearly 30 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the accused person gave false promise to earn more money in construction and real estate business and also food processing business, believing his words, the defactocomplainant's grand mother poomalai gave huge amount and 17 sovereigns of gold jewels to the petitioner in various occasions. When the same was questioned by the defacto-complainant, this petitioner abused him in filthy language and threatened him with dire consequences. There is no previous case against the petitioner. In this case, investigation is still pending. Hence, he strongly objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, FIR was registered on 13.05.2025, by this time, the investigation might have been completed, the petitioner/accused remanded into judicial custody on 15.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

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6. Accordingly, the petitioner is ordered to be released on bail on executing 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 Judicial Magistrate, Palani 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 contact number to the Judicial Magistrate, Palani. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Palani; [c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.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.

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

sd/- 17/06/2025 / TRUE COPY / 17/06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 THE JUDICIAL MAGISTRATE PALANI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE PALANI TALUK POLICE STATION, PALANI, DINDIGUL DISTRICT 5/6

4 THE OFFICER INCHARGE, SUB JAIL, PALANI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9849 of 2025 Date :17/06/2025 SS/SAR- /17/06/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6