Sasikumar v. State Of Tamilnadu Rep By Inspector Of Police, Chinthamanipatty

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Sasikumar, S/o.Ganesan .. Petitioner/A2 Vs The State of Tamilnadu rep.by The Inspector of Police, Chinthamanipatti Police Station, Karur District.

(Crime No.254 of 2024) .. Respondent/Complainant For Petitioner : M/s.V.Vilma Rexy, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/6

PRAYER :- For Bail in Crime No.254 of 2024 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 16.06.2025 for the offences punishable under Sections 294(b), 420, 406 and 506(i) of IPC in Crime No.254 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the 1st accused is running a chit fund company under the name and style of 'Jai Ganapathy Chit Fund Pvt. Ltd.' The defacto complainant referred one Brindha to join a chit scheme in the said company. Based on the assurance given by the de-facto complainant, Brindha joined a chit scheme for Rs.5,00,000/- for a period of 20 months. After completing 20 instalments, when the said Brindha asked to repay the amount, the 1st accused repaid only a sum of Rs.1,00,000/-, and the remaining chit amount of Rs.3,30,000/- was allegedly cheated by the 1st accused. When that was questioned by the de-facto complainant, the accused threatened the de-facto complainant with dire consequences. Hence, the present case.

2/6

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and is in no way connected with the alleged offences as stated by the prosecution. The petitioner is merely the recovery manager of the said company. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court. He further submitted that the petitioner has been in custody since 16.06.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that there are totally two accused persons in this case and the petitioner has been arrayed as A2. A2 is the Auction Manager of the said company. The accused gave only a sum of Rs.1,00,000/- to the said Brindha and cheated her by not paying the remaining amount. Hence, he opposed to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, and taking note of the fact that the petitioner was remanded to judicial custody on 16.06.2025, and that the petitioner is the Auction Manager of the said company, and that as the date of registration of F.I.R. is 09.11.2024, by this time most of the investigation might have been completed, and also considering the period of incarceration already undergone by the petitioner, this court is inclined to grant bail 3/6

to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Kulithalai 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 Judicial Magistrate No.1, Kulithalai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.1, Kulithalai;

[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., until further orders;

4/6

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

sd/- 03/07/2025 / TRUE COPY / 03/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn 5/6

TO 1.The Judicial Magistrate No.1, Kulithalai.

2. Do Through The Chief Judicial Magistrate, Karur District.

3.The Officer In-charge, Sub Jail, Kulithalai.

4.The Inspector of Police, Chinthamanipatti Police Station, Karur District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.VILMA REXY, Advocate ( SR-7116[I] dated 03/07/2025 )

ORDER

IN CRL OP(MD) No.11200 of 2025 Date :03/07/2025 HPS/03.07.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6