Tamilarasan v. The State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.08.2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Tamilarasan, S/o.Boopathi .. Petitioner/A2 Vs The State of Tamilnadu rep.by The Inspector of Police, Kulithalai Police Station, Karur District.
(Crime No.409 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Yesudasan, 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.409 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 01.07.2025 for the offences punishable under Sections 318(4), 296(b) and 351(2) of BNS, 2023 in Crime No.409 of 2025 on the file of the respondent police, seeks bail. 1/5
2. The case of the prosecution is that the de-facto complainant approached the accused persons, through their uncle, regarding the purchase of an old used car for his agricultural activities. Further, the accused persons gave two cars to the de-facto complainant for lease purposes. Thereafter, the de-facto complainant transferred Rs.5,98,500/- to the 1st accused and Rs.6,00,000/- to the petitioner. Subsequently, the accused persons sought the return of the cars and informed the de-facto complainant that they would repay a sum of Rs.11,98,500/-. However, after receiving the cars, the accused persons failed to repay the said amount, cheated the de-facto complainant, abused him using filthy language, and also threatened him with dire consequences. Hence, the present case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He submitted that A1 was arrested and subsequently released on bail by this Court on 23.07.2025 in Crl.O.P.(MD)No.12383 of 2025. He, however, submitted that 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 judicial custody from 01.07.2025. Hence, he seeks bail for the petitioner.
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. A1 2/5
was arrested and subsequently released on bail by this Court on 23.07.2025 in Crl.O.P.(MD)No.12383 of 2025. He submitted that the petitioner, along with other accused, received a sum of Rs.11,98,500/- from the de-facto complainant and cheated him. 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 01.07.2025, and that by this time most of the investigation might have been completed, and that the co-accused was arrested and subsequently released on bail by this Court, and also considering the period of incarceration already undergone by the petitioner, this court is inclined to grant bail 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kulithalai, Karur District 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 3/5
the learned Judicial Magistrate No.II, Kulithalai, Karur District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.II, Kulithalai, Karur District; [c] the petitioner shall report 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]; and; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
sd/- 12/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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mkn TO 1 THE JUDICIAL MAGISTRATE NO.II, KULITHALAI, KARUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, KULITHALAI, KARUR DISTRICT. 4 THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13452 of 2025 Date :12/08/2025 NBF/SAR- /13/08/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5