BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.2922 of 2025 Jasmine, W/o.Koilpitchai George @ Kovil Pillai George, 107/45C, Palai Road West, Millerpuram, Thoothukudi, Thoothukudi District. ... Petitioner/1st Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, District Crime Branch Police Station, Thoothukudi, Thoothukudi District. Crime No.2/2025. ... Respondent/Complainant For Petitioner : Mr.N.Pragalathan, Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor For Intervener : Mr.P.Banu Prasath 1/7 https://www.mhc.tn.gov.in/judis PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.2/2025 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 13.02.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail. 2. The petitioner/Accused No.1 was arrested and remanded to judicial custody on 22.01.2025 for the offences punishable under Sections 406, 420 and 294(b) of the Indian Penal Code, 1860 (Act No.45 of 1860) in Crime No.2 of 2025 on the file of the respondent-police. 3. The case of the prosecution is that the petitioner and the defacto complainant were friends since their school days. In 2023, the petitioner and her husband informed the defacto complainant that they intended to sell their property, and the defacto complainant agreed to buy it. Pursuant to this, the defacto complainant paid an advance amount of Rs.3,50,000/- on 24.01.2024 and Rs.1,50,000/- on 19.03.2024 through a bank account of her son-in-law. However, on 23.04.2024, the petitioner and her husband sold the property to a third party. On questioning, the petitioner and her husband assured that they would return the amount. Since they did not return the money, the defacto complainant lodged a complaint. In retaliation, the petitioner and 2/7 https://www.mhc.tn.gov.in/judis her husband also filed a complaint with the Deputy Superintendent of Police. On investigation, they agreed to return the amount. Even after that, they did not return the money but changed their location. Since the amount has still not been returned by the accused persons, the defacto complainant has lodged the present complaint. 4. Mr.N.Pragalathan, learned counsel appearing for the petitioner, submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and a false case has been registered against her. He further submits that the petitioner has been in judicial custody since 22.01.2025. He therefore prays to grant bail to the petitioner. 5. Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-police, submits that totally, the defacto complainant has given a sum of Rs.5,00,000/- as advance to the petitioner. He further submits that there is no previous case pending against the petitioner. However, he vehemently opposes the grant of bail to the petitioner. 6. Heard on both sides. This Court has perused the records. 7. It appears that the dispute between the petitioner and the defacto complainant is civil in nature. In this case, the respondent-Police arrested the petitioner on 22.01.2025. It is seen that the petitioner has permanent residence and deep roots in the society and therefore, there is less possibility of absconding. 3/7 https://www.mhc.tn.gov.in/judis Considering the same and also considering the fact that the petitioner has no previous case, and with a view to give an opportunity to the petitioner to reform herself, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate No.IV, Thoothukudi, Thoothukudi District; (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate No.IV, Thoothukudi, Thoothukudi District shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023; (iv) The petitioner shall not commit an offence similar to the offence of she is accused, or suspected, of the commission of which she is suspected; (v) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her 4/7 https://www.mhc.tn.gov.in/judis from disclosing such facts to the Court or to any police officer or tamper with the evidence; (vi) The petitioner shall furnish her residential address and mobile number to the learned Judicial Magistrate No.IV, Thoothukudi, Thoothukudi District; (vii) The petitioner shall appear before the respondent-Police as and when required for interrogation; and (viii) On breach of any of the aforementioned conditions, learned Judicial Magistrate No.IV, Thoothukudi, Thoothukudi District, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra. 9. Considering the facts and circumstances of the case, this Court is of the prima facie view that arrest of the petitioner is unnecessary. The Investigation Officer has not followed the dictum laid down by the Hon'ble Supreme Court in the case in Arnesh Kumar Vs. State of Bihar and another, reported in AIR 2014 SC 2756. The Registry is directed to send a copy of this bail order along with the copy of the sale agreement dated 24.01.2024 to the Superintendent of Police, Tuticorin District. The 5/7 https://www.mhc.tn.gov.in/judis Superintendent of Police, Tuticorin District is directed to enquire the matter and file a report on 07.03.2025 in respect of 'arrest' of the petitioner. 10. Registry is directed to post the matter on 07.03.2025 for filing of report alone. sd/- 17/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. TSG TO 1 THE JUDICIAL MAGISTRATE NO.IV THOOTHUKUDI, THOOTHUKUDI DISTRICT 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE SUPERINTENDENT, SPECIAL SUB JAIL FOR WOMEN, KOKKIRAKULAM, TIRUNELVELI, TIRUNELVELI DISTRICT. 4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT. 6/7 https://www.mhc.tn.gov.in/judis 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-1715[I] dated 17/02/2025 ) ORDER IN CRL OP(MD) No.2922 of 2025 Date :17/02/2025 NBF / SAR- (18/02/2025) 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7 https://www.mhc.tn.gov.in/judis