Srinivasan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Srinivasan, S/o.Kandasamy .. Petitioner/A2 Vs The State of Tamilnadu rep.by The Inspector of Police, District Crime Branch, Karur District.
(Crime No.9 of 2025) .. Respondent/Complainant For Petitioner :
Mr.Rajaguru G., Advocate.
For Respondent :
Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.9 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 14.05.2025 for the offences punishable under Sections 316(2) and 318(4) of BNS, 2023 1/6
in Crime No.9 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the 1st accused agreed to purchase 68 cents of land from the de-facto complainant in Aravakurichi for a total consideration of Rs.2,00,00,000/-. The 1st accused further stated that she would obtain a loan of Rs.2,50,00,000/- from the 2nd accused and pay Rs.2,00,00,000/- to the de-facto complainant. Subsequently, the de-facto complainant executed a sale deed in favour of the 1st accused and received a sum of Rs.25,00,000/- from the 1st accused. Immediately thereafter, the 1st accused executed a sale deed in respect of the same property in favour of the 2nd accused. The accused failed to pay the balance amount of Rs.1,75,00,000/- to the de-facto complainant and thereby cheated him. Hence, the present case.
3. The learned counsel for the petitioner would submit that the petitioner is the bonafide purchaser and he has not committed any offences as alleged by the prosecution. Due to some money dispute between the 1st accused and the de-facto complainant, the de-facto complainant lodged a false complaint against the petitioner herein. He would also submit that the petitioner has also filed a civil suit against the 1st accused and the de-facto complainant in O.S.No.35 of 2025 on the file of the District Munsif cum Judicial Magistrate, Aravakurichi seeking permanent injunction, and that there are no bad antecedents as against the petitioner. However, 2/6
the petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 14.05.2025. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner has been arrayed as A2 in this case. A1 purchased the property from the de-facto complainant for a sum of Rs.2,00,00,000/- and borrowed a sum of Rs.2,50,00,000/- from A2/the petitioner herein. After obtaining the property from the de-facto complainant in her favour by paying a sum of Rs.25,00,000/-, A1 executed a sale deed in favour of A2, thereby cheating the de-facto complainant by not paying the balance amount of Rs.1,75,00,000/-. He would further submit that A1 was arrested and subsequently released on bail on 30.05.2025 by the learned Vacation Sessions Judge, Karur in Vacation Crl.M.P.No.125 of 2025. However, he opposed 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 the main overt act is attributed only to A1, and that the petitioner has been in incarceration since 14.05.2025, and that the co-accused/A1 was arrested and subsequently released on bail, and that the evidences are based on records, this court is inclined to grant bail to the petitioner, subject to certain 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 the learned District Munsif cum Judicial Magistrate, Aravakurichi 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 learned District Munsif cum Judicial Magistrate, Aravakurichi. If the petitioner changes his residential address, he shall report the same to the learned District Munsif cum Judicial Magistrate, Aravakurichi; [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.
[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]. 4/6
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
sd/- 20/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
mkn TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ARAVAKURICHI.
2 THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, KARUR.
4. The Inspector of Police, District Crime Branch, Karur District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.G.RAJAGURU, Advocate ( SR-6619[I] dated 20/06/2025 ) 5/6
ORDER
IN CRL OP(MD) No.10027 of 2025 Date :20/06/2025 MK/20.06.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6