K.Ilangovan @ Elangovan v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY K.Ilangovan @ Elangovan S/o.Kaliyaperumal ... Petitioner/ Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, District Crime Branch, Thanjavur.

(Crime No.14 of 2025) ... Respondent/Complainant For Petitioner : Mr.E.Mareeskumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.14 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 07.07.2025 for the offences punishable under Sections 316(4) and 318(4) of BNS Act 1/5

2023 in Crime No.14 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complainant had approached the this petitioner by securing government job in the Health Department and this petitioner gave assurance to get Government Job and obtained a sum of Rs.3,50,000/- in a various installments. The entire money was transferred in the account of the Accused Nos.2 and 3. After receiving money from the defacto-complainant, this petitioner not come forward to secure any Government Job to the defactocomplainant and he did not repay the said amount. Hence, the complaint.

3. The learned counsel for the petitioner would submit that there are totally three accused, this petitioner was arrayed as Accused No.1. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. 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 07.07.2025, nearly 57 days. Hence, he seeks bail.

4. The learned Additional Public Prosecutor submitted that there are nine victims are suffered by this petitioner. There are totally three accused persons, this petitioner was arrayed as Accused No.1. The Accused No.2 is still absconding. If the petitioner is released on bail, there is a chance to threaten the witnesses and tampering the evidences. In this case, investigation is still pending. There is no 2/5

previous case against this petitioner. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the investigation has been almost completed and there is no previous case pending against the petitioner and also considering the period of incarceration suffered 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Kumbakonam, 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 make deposit of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of Crime No.14 of 2025, without prejudice to his defence before the trial Court; and on such deposit being made, the learned Judicial Magistrate No.1, Kumbakonam shall accept the sureties furnished by the petitioner; the learned Judicial Magistrate No.1, 3/5

Kumbakonam shall deposit the said amount as fixed deposit in a Nationalized Bank and the entitlement of the said amount will be decided at the time of disposal of the main case.

[c] The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.1, Kumbakonam. [d] If the petitioner changes his residential address, she shall report the same to the learned Judicial Magistrate No.1, Kumbakonam. [e] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[f] the petitioner shall not abscond either during investigation or trial.

[g] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[h] 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].

4/5

[i] 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.1, Kumbakonam. 2 Do Through the Chief Judicial Magistrate, Kumbakonam. 3 The Officer Incharge, Sub Jail Kumbakonam. 4 The Inspector of Police, The District Crime Branch, Thanjavur. 5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.14349 of 2025 Date :02/09/2025 NBF/02/09/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5