Gopalakrishnan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI 1.Gopalakrishnan S/o.Mariyappan 2.Sudha W/o.Gopalakrishnan
...Petitioners/
Accused No.1&2 Vs The State through The Sub Inspector of Police, District Crime Branch, Theni District.
(Crime No.12 of 2025) ...Respondent/Complainant For Petitioner : Mr.K.Sathiya Singh Advocate.
For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/6
PRAYER :- For Bail in Crime No.12 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused Nos.1&2, who were arrested and remanded to judicial custody on 16.05.2025 for the offences punishable under Sections 420, 406, 120(b) of IPC and 4(1) 14, 76(1) of Chit Funds Act, in Crime No.12 of 2025 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners conducted Deepavali Chit Fund and Monthly Chit Fund in the name of ''Abiniya'' small savings for the period of 20 months Rs.1,00,000/-. In the year 2023, the defacto complainant and his wife invested Rs.4 lakhs and Rs.3 lakhs respectively. Further, the defacto complainant also invested in Deepavali Chit Fund in 10 numbers and also joined 10 Deepavali Chit Funds. In the same occurrence, the accused persons collected the chit amount from various persons to the tune of Rs.33 lakhs and did not repay the same. Hence, the case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready to pay a sum of Rs.1,50,000/- to show their bonafide and are willing to abide by any condition imposed by this Court. He would further submit that the petitioners are in custody 2/6
from 16.05.2025 nearly 39 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that these petitioners are running a chit fund and collected the amount from various persons to the tune of Rs.33 lakhs and they did not repay the same. He would further submit that the amount has not been recovered and the investigation is still pending. Hence, he objected to grant bail to the petitioners.
5. Considering the facts and circumstances of the case, and considering the bonafide expressed by the petitioners that they are ready to pay a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) each, and considering the fact that petitioners/accused Nos.1&2 are remanded into judicial custody on 16.05.2025, this court is inclined to grant bail to the petitioners, subject to the following conditions:
6. Accordingly, the petitioners are ordered to be released on bail on executing separate bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each, with two sureties, each for a like sum to the satisfaction of Judicial Magistrate Court, Theni 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 petitioners shall deposit a sum of Rs.75,000/- (Rupees Seventy Five 3/6
Thousand only) each to the credit of the Crime No.12 of 2025 on the file of the respondent-police, before the learned Judicial Magistrate, Theni, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner and learned Judicial 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.12 of 2025. The Trial Court shall decide the entitlement to the deposit amount at the time of passing the final order or judgment. [c] The petitioners shall furnish their residential address and mobile number to the Judicial Magistrate, Theni. If the petitioners changes their residential address, they shall report the same to the Judicial Magistrate, Theni; [d] the petitioners shall appear and sign before the respondent police daily at 10.30 a.m. until further orders.
[e] the petitioners shall not abscond either during investigation or trial. [f] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail 4/6
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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 25/06/2025 / TRUE COPY / / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VSD TO 1 THE JUDICIAL MAGISTRATE, THENI.
2 THE CHIEF JUDICIAL MAGISTRATE, THENI.
3 THE SUPERINTENDENT, SUB JAIL, PERIYAKULAM, THENI DISTRICT.
4 THE SUPERINTENDENT,SUB JAIL, NEELAKOTTAI, DINDIGUL DISTRICT.
5 THE SUB INSPECTOR OF POLICE, DISTICT CRIME BRANCH, THENI.
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6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10618 of 2025 Date :25/06/2025 NM/25.06.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6