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2025 DAILYLAW 116052 (MAD)

Arul Jegan v. The State of Tamilnadu

/715/2025 · 2025-03-24

R Sakthivel

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.715 of 2025 Arul Jegan ... Petitioner/Accused (Rank not known) Vs The State of Tamilnadu, Rep by the Inspector of Police, District Crime Branch, Kanyakumari District at Nagercoil. Crime No.4 of 2024 ... Respondent/Complainant For Petitioner : Mr.A.Mohamedhaneef, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PRAYER :- For Anticipatory Bail in Crime No.04 of 2024 on the file of the Respondent- Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 09.01.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant pre-arrest bail. 2. The petitioner / Accused (Rank not known) apprehends arrest at the hands https://www.mhc.tn.gov.in/judis of the respondent-Police for the offences punishable under Sections 120B, 418, 420, 468 and 471 of IPC in Crime No.04 of 2024, on the file of the respondent-Police. 3. The case of the prosecution is that the defacto complainant, who is working as a Manager in the Viyathagu Annai Finance Limited, Parvathipuram Branch, has lodged a complaint stating that that Accused Nos.1 to 4 had pledged jewels worth about Rs.6,94,36,000/-, and when the jewels were appraised by the audit team, the jewels pledged by the accused were found to be fake. Hence, the complaint. 4. Mr.A.Mohamedhaneef, the learned counsel appearing for the petitioner, submits that the petitioner has been falsely implicated in this case, and that he did not commit any offence as alleged by the prosecution. He however submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. He therefore prays for granting pre-arrest bail to the petitioner herein. 5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-police, submits that this is the third pre-arrest bail application filed by the petitioner. He further submits that the first pre-arrest bail application was dismissed as withdrawn by the petitioner on 01.07.2024, and the second pre-arrest bail application was dismissed by this Court on 23.08.2024. He further submits that the petitioner and other accused conspired to create fake jewels by coating the exterior with a layer of gold while using other metals inside, pledged the same in the Finance Company and cheated to the tune of Rs.6,94,36,000/-. He further submits that the petitioner has been arrayed as Accused https://www.mhc.tn.gov.in/judis No.5. He further submits that if pre-arrest bail is granted to the petitioner, he may commit the similar offence again, and abscond, thereby delaying the investigation. Therefore, he prays to dismiss this Criminal Original Petition. 6. Heard on both sides. This Court has perused the records. 7. Considering the fact that the amount involved in this crime is huge i.e., Rs.6,94,36,000/-, and also considering the fact that the petitioner was the maker of the fake gold jewels, and has played a major role in this crime, and taking note of the fact that there is no change in circumstances, this Court is of the opinion that the custodial interrogation of the petitioner is necessary for the investigating agency to unearth the truth. Hence, this Court is not inclined to grant pre-arrest bail to the petitioner. 8. Accordingly, this Criminal Original Petition stands dismissed. Sd/- 24.03.2025 // True Copy // /04/2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai. TSG TO 1 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KANYAKUMARI DISTRICT AT NAGERCOIL. https://www.mhc.tn.gov.in/judis 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.715 of 2025 Date :24/03/2025 RS (17/04/2025) 4P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. https://www.mhc.tn.gov.in/judis