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Madras High CourtCRL OP(MD)/23511/2025granted

Ramya v. The State Of Tamilnadu Rep. By

2025-12-18Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Ramya

2. Suresh ... petitionerss/Accused Vs The State of Tamilnadu Rep., By, the Sub Inspector of Police, Vadaseri Police Station, Kanyakumari District (Crime No. 244 of 2025). ... Respondent/Complainant For petitioners : M/s. Ramakrishnan.S., Advocate.

For Respondent : Mr.E. Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 244 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- 1/7

The petitioners / accused, who were arrested and remanded to judicial custody on 17.10.2025 for the offences punishable under Sections 316(2), 318(4) and 351(2) of BNS, 2023 in Crime No.244 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners herein are said to have received a sum of Rs.4,70,000/- from the defacto complainant on promising to get a job in the Government Department and subsequently, cheated him. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioners is no way connected with the case, a false case has been lodged as against the petitioners. He would further submit that the petitioners is in custody from 17.10.2025. Hence, he seeks bail.

4. The learned Additional Public Prosecutor appearing for the 2/7

respondent would submit it is a case of job racketing and the investigation of the case is pending and hence, he objected to grant bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the petitioners are ready and willing to deposit a sum of Rs.3,00,000/- to the credit of crime number and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Nagercoil at Kanniyakumari District 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 3/7

to ensure their identity;

(b) the petitioners are directed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of Crime No.244 of 2025 before the Judicial Magistrate No.II, Nagercoil at Kanniyakumari District. On such deposit, the learned Judicial Magistrate shall accept the sureties furnished by the petitioners. Thereafter, the petitioners shall pay the balance amount of Rs.1,00,000/- (Rupees One Lakh only) on or before 16.02.2026. On such deposit, the learned Magistrate shall deposit the same in an interest bearing Fixed Deposit in any one of the nationalized Banks initially for a period of one year and renew them periodically until the final order / Judgment is passed in the case in Crime No. 244 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment. If the petitioners fail to pay the balance amount within the time stipulated by this Court, the bail granted by this Court shall stand dismissed automatically.

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[c] the petitioners shall appear before the respondent Police daily at 10.30 am until further orders; [d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial; [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 BNS.

(S S Y J) 18.12.2025 TRP 5/7

TO

1. The Judicial Magistrate No.II, Nagercoil at Kanniyakumari District

2. Do-Through The Chief Judicial Magistrate, Kanyakumari District.

3. The Superintendent, Women Prison, Nagercoil.

4. The Sub Inspector of Police, Vadaseri Police Station, Kanyakumari District

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.23511 of 2025 Date : 18/12/2025 7/7