Rajeshkumar v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Rajeshkumar ..Petitioner/ Accused No.2 Vs The State of Tamilnadu rep.by The Inspector of Police, Mattuthavani Police Station, Madurai City.

(Crime No.545 of 2025) .. Respondent/Complainant For Petitioner : M/s.M.Jegadeesh 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.545 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial 1/5

custody on 26.07.2025 for the offences punishable under Sections 316(3) of BNS @ Section 61(2), 316(3) and 317(5) of BNS in Crime No.545 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 24.07.2025, one Sudarsum who is the friend of defacto complainant, has sent a sum of 25 Lakhs to the defacto complainant for his urgent need, through an omni bus. The first accused (A1) who is a close relative of the petitioner herein/A2, is working as a cleaner in the travel office, who along with other accused persons have committed theft of the said amount and escaped from the place. Hence the case.

3. The learned counsel for the petitioner would submit that respondent police has lodged a false complaint against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. This petitioner is no way connected with this case. 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 26.07.2025 nearly 31 days. Hence, he seeks bail. 2/5

4. The learned Government Advocate (Criminal Side) would submit that there are totally five accused in this case. The petitioner/A2 herein is the friend of the first accused. After the first accused (A1) has taken away the money, the Accused Nos.1,2 and 5 were went to Kodaikanal and while returning to Madurai, they were arrested along with a sum of Rs.24,50,000/-. The first accused is still in custody. Accused Nos.3 and 4 were enlarged on bail by the learned Judicial Magistrate No.6, Madurai in Cr.M.P.No.5712 of 2025 on 18.08.2025. However, he 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 Accused Nos.3 and 4 were already enlarged on bail, the amount was also recovered from the accused and also the fact that by this time, most of the investigation might have been completed and the fact that petitioner is in custody for the past 31 days as he was remanded into judicial custody on 26.07.2025 and taking into consideration of the period of incarceration, 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 3/5

sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.VI, Madurai, 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.VI, Madurai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.VI, Madurai;

[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 herself as laid down by the Hon'ble Supreme Court 4/5

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/- 25/08/2025 / TRUE COPY / 25/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO

1. The Judicial Magistrate No.VI, Madurai.

2. Do Through The Chief Judicial Magistrate, Madurai.

3. The Superintendent, Central Prison, Madurai. 4.The Inspector of Police, Mattuthavani Police Station, Madurai City.

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

ORDER

IN CRL OP(MD) No.13843 of 2025 Date :25/08/2025 HPS/25.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5