Karthick Selvam v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Karthick Selvam, ... Petitioner/Accused No.2 Vs The State of Tamil Nadu represented by the Inspector of Police, CB-CID South, Madurai City.

(Crime No.3 of 2024) ... Respondent / Complainant For Petitioner : M/s.Gandhi Associates Mr.R.Ramanujam, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor For Intervenor : M/s.S.Poorna Chandran, Advocate PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.3 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial 1/5

custody on 09.11.2024 for the alleged offences under Sections 448, 120(B), 406, 420, 294(b), 506(1) of IPC and Section 4 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, in Crime No.3 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant was running a private company. He initially borrowed a sum of Rs.20 lakhs from A2 through A1. Exorbitant interest is said to have been charged from him. The defacto complainant subsequently borrowed a sum of Rs.1.7 crores on various occasions. The specific case of the defacto complainant is that he had repaid back a sum of Rs.2.23 crores through bank transactions. In view of the same, the accused persons were demanded for exorbitant interest and they entered into the house of the defacto complainant and threatened him with dire consequences and his two wheeler and car were also taken away.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and considering the fact that A1 has been enlarged on bail by the Court below, A3 to A7 have been granted anticipatory bail by this Court in Crl.OP(MD).No.21736 of 2024 by order dated 15.11.2024 and considering the fact that the entire case is borne out by 2/5

records and this petitioner has suffered incarceration from 09.11.2024 and during judicial custody, the petitioner was also taken on police custody, this Court is inclined to grant bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail on his 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.IV, 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 report before the learned Judicial Magistrate No.IV, Madurai daily at 10.30 a.m. and report before the respondent police daily at 05.30 p.m. for a period of 3 weeks and thereafter, as and when required. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial. [e] 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 3/5

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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 10/12/2024 / TRUE COPY / 10 / 12 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 STATE OF TAMIL NADU THE INSPECTOR OF POLICE, CB-CID SOUTH, MADURAI CITY.

4 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M/S.GANDHI ASSOCIATES, Advocate ( SR-15171[I] dated 10/12/2024 )

ORDER

IN CRL OP(MD) No.21736 of 2024 Date :10/12/2024 PSP/ /SAR /10.12.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5