Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 99295 (MAD)

Balamurugan v. State of Tamilnadu Represented by, Inspector of police,

CRL OP/24550/2025 · 2025-09-09

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.24550 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.09.2025 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.24550 of 2025 1.Balamurugan 2.Siva ... Petitioners Vs. State of Tamil Nadu rep by:- The Inspector of Police, Sooramangalam Police Station, Salem District. (Crime No.432 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on bail in Crime No.432 of 2025 on the file of the respondent police. For Petitioners : Mr.M.Dinesh For Respondent : Mr.A.Gopinath Government Advocate (Crl.side) O R D E R The petitioners, who were arrested and remanded to judicial custody on 31.07.2025 for the alleged offence under Sections 140(2), 127(2), 115(2), 118(1) and 308(5) of Bharatiya Nyaya Sanhita, in Crime No.432 of 2025, on the file of respondent police, seeks bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.24550 of 2025 2. The case of the prosecution is that on 27.07.205, the defacto complainant, Mr.Lukaman Ansari, a cooli by profession, lodged a complaint alleging that during his train journey from Patna to Ernakulam, he was approached by a stranger who introduced himself as a representative of “Kumarasamy Private Limited”, a manpower agency. The agency promised him a commission of RS.200/- per labour for arranging workers aged 18-45 years. Believing this, the complainant introduced one Ramdev Pulla, who in turn arranged eight labourers that arrived at Salem Railway Station on 26.07.2025. Thereafter, one Indirajith, an accused, came with two cars and took away the eight labourers. It is alleged that they were kidnapped, assaulted and a demand of Rs.4 lakhs was made, a subsequently, they were released after extorting money from the victims. Hence, the complaint. 3. The learned counsel for the petitioners submitted that the petitioners are innocent persons. He further submitted that it was A1 alone who collected the entire amount and that the petitioners have been falsely implicated in this case. He also submitted that the petitioners have been suffering incarceration from 27.07.2025. Hence, he seeks for grant of bail to the petitioners. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.24550 of 2025 4. The learned Government Advocate (Crl. Side) submitted that the petitioners are ranked as A2 and A3. By giving false visiting cards, they posed as manpower agents and arranged employment for eight labourers, as if they were providing jobs elsewhere. Later, it was revealed that these arrangements were false. The labourers had paid nearly Rs.4 lakhs. The petitioners had also assisted A1 in this act. 5. As per the FIR allegations, around eight labourers, all belonging to another State, were given false visiting cards under the pretext of job arrangements. Later, they realized that they had been cheated. Although the investigation is now almost complete, out of the Rs.4 lakhs collected, only Rs.6,500/- has been recovered. 6. Considering the fact that the investigation is almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioners with certain conditions. 7. Accordingly, each of the petitioners is directed to deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) to the credit of Crime No.432 of 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.24550 of 2025 2025. On such deposit, the petitioners shall be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Salem, subject to the following further conditions: (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 petitioners shall report before the respondent police on alternative days at 10.30 a.m. for the period of three months. (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during investigation or trial; (e) on breach of any of the aforesaid conditions, the 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 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.24550 of 2025 (g) The petitioners are directed to produce the deposit receipts before the concerned Magistrate. On such deposit, all the eight victims shall be entitled to share the amount proportionately. 09.09.2025 rri To 1.The Judicial Magistrate No.II, Salem. 2.The Inspector of Police, Sooramangalam Police Station, Salem District. 3. The Superintendent of Prison, Central Prison, Salem. 4.The Public Prosecutor, High Court of Madras. Note :- 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the Official Website of this Court will be watermarked and will also have a QR Code. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.24550 of 2025 T.V.THAMILSELVI , J. rri Crl.O.P.No.24550 of 2025 09.09.2025 6/6 https://www.mhc.tn.gov.in/judis