Rajesh v. State of Tamilnadu Rep by Inspector of Police, Thanjavur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Rajesh, S/o.Manickavasagam,

:Petitioner/Sole Accused

Vs The State of Tamilnadu rep.by The Inspector of Police, Nachiyarkoil Police Station, Thanjavur District. (Crime No.222 of 2025) .. Respondent/Complainant For Petitioner : Mr.E.Mareeskumar, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.222 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner /Sole Accused, who was arrested and remanded to judicial custody on 01.06.2025 for the offences punishable under Sections 417 and 420 of IPC, in Crime No.222 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner/accused assured the defacto complainant to secure a job in Railway Department and demanded a sum of Rs.5 lakhs. Believing the words of the petitioner, the defacto complainant has given a sum of Rs.3 lakhs as advance to the bank account of the accused. Thereafter, the defacto complainant tried to approach the petitioner, but the accused was absconded from his residence and the petitioner is not able to contact him. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence 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 01.06.2025 nearly 45 days. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that the petitioner has cheated several persons as like the defacto complainant. He would further submit that subsequently similar complaint came to be registered against the petitioner and the complainant in that case is one of the witness in the present case. He would also submit that the accused received nearly Rs.26 lakhs from various persons and the investigation is in progress. Hence, he opposed to grant bail to the petitioner.

5.Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, that as the date of registration of F.I.R. is

01.06.2025, by this time most of the investigation might have been completed and the evidences are based on records and also the fact that the petitioner/accused remanded into judicial custody on 01.06.2025, taking into consideration of the period of incarceration, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.II, Kumbakonam 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 furnish his residential address and contact number to the learned Judicial Magistrate No.II, Kumbakonam. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.II, Kumbakonam; [c] the petitioner shall appear and sign before the respondent police daily at

10.30 a.m. until further orders. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner 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 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]. CRLeOP(MD).No.11439eofe2025 [g]oIfotheoaccusedothereafteroabsconds,oaofreshoFIRocanobeoregisteredounder Sectiono269oBNS. oooooooooooooooooooooooooooooooooooooooosd/- oooooooooooooooooooooooooooooooooooooooo16/07/2025 ooooooooooooooo ooo oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo o o17/07/2025 ooooooooooooooooooooooooooo oooooooo oo Sub-AssistantoRegistrar ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo oo oooooooMaduraio-o625o023.ooo DAS TO

1.oTHEoJUDICIALoMAGISTRATEoNO.II, oooKUMBAKONAM.

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3.oTHEoOFFICERoINCHARGE,o oooSUBoJAIL,oKUMBAKONAM.o

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¶5THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.11439 of 2025 Date :16/07/2025

PR/17.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023