Sakthivel v. The State Of Tamilnadu, Through The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Sakthivel S/o.Mathalai Devar

2. Karuppasamy S/o.Muthupandi ... Petitioners/ Accused Nos.1 & 2 Vs The State of Tamilnadu, Rep by the Inspector of Police, CCB Police Station, Madurai City.

(Crime No.34 of 2025) ... Respondent/Complainant For Petitioners : Mr.E.Mareeskumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For Intervener : Mr.Paranjothi PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.34 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 1/6

31.07.2025 for the offences punishable under Sections 120B, 420, 465, 468, 471, 506(i) of IPC and 3 & 4 of TamilNadu Prohibition of Charging Exorbitant Interest Act, 2003 in Crime No. 34 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto-complainant and the first accused has jointly doing a contract business in Madurai District. In the said circumstances, there was a money transaction between the defacto-complainant and also the first accused in the period of 01.01.2017 to 31.12.2022. In the said transaction, there was a pending amount between the both the parties, and also the first accused refused to repay the sum of Rs.5,04,20,755/- to the defacto-complainant from 2022 and therefore he approached the first accused to repay the above said amount, in the said circumstances there was a wordy quarrel between the defacto-complainant and the accused. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the first petitioner is a registered contractor and he has completed numerous projects in and around the Madurai City and Virudhunagar District for the past several years. The defactocomplainant is also involved in the very same business and he is working as Subcontractor under the first petitioner in a numerous civil contract works in Madurai District. There was money transactions between them and for that money transaction issue, the defacto-complainant lodged a false complaint against these petitioners. 2/6

The son of the first petitioner is permanently disabled person and the petitioner has to take care of him. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 31.07.2025. Hence, he seeks bail to the petitioner.

4. The learned Counsel appearing for the intervener would submit that the petitioners have produced forged vouchers in the name of Hindustan Coals Pvt., Ltd., and Indian Oil Corporation Ltd., and received huge amount from the Government. The first accused misappropriated several crores of money by way of forged vouchers. If the petitioners are released on bail, there is a chance of tampering the evidence. Hence, he prayed to dismiss the present bail petition.

5. The learned Additional Public Prosecutor submitted that these petitioners are registered contractors and doing multiple government civil works in and around the Madurai City. These petitioners have produced forged vouchers and received huge amount from the Government. The first accused misappropriated several crores of money by way of forged vouchers. In this case, investigation is pending with regard to the forged bills and that the Government Servants who are verified and signed in the said bills. Forged bills and vouchers are sent to the Forensic Science Lab and awaiting for report, investigation is still pending. Hence, he opposed 3/6

for grant of bail to the petitioners.

6. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

7. Accordingly, the petitioners are ordered to be released on bail on executing separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.I, Madurai. [c] If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate No.I, Madurai. [d] the petitioners shall appear before the respondent police as and when required for interrogation. They have to co-operate for the investigation.

[e] the petitioners shall not abscond either during investigation or 4/6

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 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 02/09/2025 / TRUE COPY / 02/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1 The Judicial Magistrate No.I, Madurai.

2 Do Through the Chief Judicial Magistrate, Madurai District. 5/6

3 The Superintendent, Central Prison, Madurai. 4 The Inspector of Police, CCB Police Station, Madurai City. 5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.14329 of 2025 Date :02/09/2025 NBF/02/09/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6