Sundaravel v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.16763 of 2025 Sundaravel ... Petitioner/ A1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Central Crime Branch, Madurai City.

(Crime No.46 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Jegadeesh Pandian For Respondent : Mr.S.S.Manoj Government Advocate(Crl. Side) For Intervenor / defacto complainant: Mr.K.Govindarajan for Mr.A.Sathish Kumar PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.46 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 08.09.2025 for the offences punishable under Sections 318(4) and 351(2) of BNS, in Crime No.46 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and her husband had received a sum of Rs.1,00,00,000/- (Rupees One Crore only) from the defacto complainant and thereafter, they have not returned the money to the defacto complainant and cheated him. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 08.09.2025. Hence, he seeks bail to the petitioner.

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4. The learned Government Advocate (Crl. side) submitted that the petitioner had cheated the defacto complainant and the investigation is still pending. He further submitted that the petitioner has complied the condition imposed in the interim bail regularly. Hence, he opposed for grant of bail to the petitioner.

5. The learned counsel for the intervenor/defacto complainant vehemently objected for granting bail to the petitioner. However, this Court is of the considered opinion that there is a stay in quash petition. Further, it is only money transaction between the defacto complainant and A1. According to the petitioner, the defacto complainant has also liable to pay some amount to A1. Taking all these facts into consideration, interim bail was granted by this Court on 26.09.2025.

6. Since the petitioner is complied with the conditions imposed in the interim bail regularly, the interim bail already granted is confirmed and the same is made absolute and this Court is inclined to grant bail to the petitioner, with certain conditions.

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7.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, 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 respondent police at 10.30 a.m., for one week alone;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State 4/6

of Kerala [(2005)AIR SCW 5560];

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

30.10.2025 PJL To

1. The learned Judicial Magistrate No.1, Madurai.

2. The Superintendent, Special Prison for Women, Madurai.

3. The Inspector of Police, Central Crime Branch, Madurai City.

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

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S.SRIMATHY,J.

PJL CRL OP(MD) No.16763 of 2025 30.10.2025 6/6