M.Ajith @ Ajithkumar v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY M.Ajith @ Ajithkumar, S/o.Munusamy ... Petitioner/ Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Kumbakonam East Police Station, Thanjavur District.
(Crime No.310 of 2025) ... Respondent/Complainant For Petitioner : M/s.Rajendran For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.310 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 1/5
19.08.2025 for the offences punishable under Sections 316(2), 318(2), 127(1), 351(2) of BNS in Crime No.310 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that first accused is the friend of the defactocomplainant and the petitioner said to have approached and demanded money from the defacto-complainant for getting job in Singapore and on his instruction, on 17.08.2024, the defacto-complainant handed over Rs.50,000/- cash to Accused No.3 and thereafter, the defacto-complainant transferred the balance amount of Rs.2,50,000/- to the bank account of the second accused and this petitioner failed to provide any job opportunity to the defacto-complainant. Hence, the complaint.
3. The learned counsel for the petitioner would submit that there totally 3 accused persons, 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 19.08.2025, nearly 24 days. Hence, he seeks bail.
4. The learned Additional Public Prosecutor would submit that this petitioner and other accused persons were promised the defacto-complainant for getting job at Singapore and demanded money from the defacto-complainant, believing their words, the defacto-complainant gave huge amount to the accused persons. Later, the 2/5
accused persons had swindled the amount and they failed to arrange any job opportunity to the defacto-complainant. It is the case of job-racketing. The cheated amount is not yet recovered. The third accused was enlarged on anticipatory bail by this Court. In this case, investigation is not yet completed. There is no previous case against this petitioner. If the petitioner is released on bail, he may threaten the witnesses and tamper the evidences. Hence, he opposed for grant of bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also the fact that the occurrence was happened on 17.08.2024, this petitioner was arrested on 19.08.2025, by this time most of the investigation might have been completed, there is no previous case against this 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.I, Kumbakonam and on further conditions that :- 3/5
[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 mobile number to the learned Judicial Magistrate No.I, Kumbakonam [c] If the petitioner changes his residential address, she shall report the same to the learned Judicial Magistrate No.I, Kumbakonam [d] the petitioner shall report before the respondent police daily at 10.30a.m. until further orders. .
[e] the petitioner shall not abscond either during investigation or trial.
[f] the petitioner 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 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].
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[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 12/09/2025 / TRUE COPY / 12/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO 1 The Judicial Magistrate No.I, Kumbakonam. 2 Do Through the Chief Judicial Magistrate, Kumbakonam. 3 The Superintendent, Sub Jail, Kumbakonam. 4 The Inspector of Police,Kumbakonam East Police Station, Thanjavur District.
5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.15075 of 2025 Date :12/09/2025 NBF/12/09/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5