Muthukumar v. The State Of Tamilnadu, Rep. By, The Inspector Of Police, Ccb Police Station, Madurai City.
CRL OP(MD) NO. 18540 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27-11-2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 18540 of 2025 Muthukumar Petitioner(s) Vs The State of Tamilnadu, Rep. by, The Inspector of Police, CCB Police Station, Madurai City.
Crime No.57/2025 Respondent(s) For Petitioner(s): Mr.A.Saran Kumar For Respondent(s): Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor For Intervenor : Mr.R.Muthuram Prayer:
C-24B. For Bail in Crime no.57 of 2025 on the file of the Respondent Police.
ORDER
The petitioner/Accused No.2, who was arrested and remanded to judicial custody on 30.09.2025 for the offences punishable under Section 318(4) of BNS, in Crime No.57 of 2025, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is running
educational institution in the name of CEOA at Madurai, Virudhunagar and Theni District. The 1st accused is running a construction company in the name and style of Everest Group at Sathiyamangalam. While being so, the 1st accused approached the defacto complainant through the 2nd accused and told that he will purchase the land and construct building at Coimbatore for CEOA Educational Institution and for which the 1st accused borrowed a sum of Rs. 2.5 Crore/- through Bank transaction and borrowed a sum of Rs.4 Crore/- through 2nd accused by many instalments for the past 2 years. But the accused persons did not purchase any land for the defacto complainant and after that only the defacto complainant came to know that the accused persons cheated the defacto complainant. Hence, this case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 30.09.2025. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that the investigation is still pending. 5.This Court already granted interim bail and referred the matter to Mediation and Conciliation Centre. It is reported that the matter is not settled in the mediation. 6.Considering the facts and circumstances and considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.
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/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; b)the petitioner is directed to deposit a sum of Rs.40,00,000/- (Rupees Forty Lakhs Only), to the credit of Crime No.57 of 2025 before the learned Judicial Magistrate No.I, Madurai, on or before 27.12.2025 and deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) before the learned Judicial Magistrate No.I, Madurai, on or before 01.02.2026. After receipt of entire amount, the learned Judicial Magistrate, shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.57 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.
c)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
d)the petitioner shall not tamper with evidence or witness;
e)the petitioner shall not abscond during trial; f)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]. g) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
27-11-2025 Tmg To
1. The Inspector of Police, CCB Police Station, Madurai City.
2. Judicial Magistrate No.1, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4.The Sub Jail, Melur.