Srinivasan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Nineteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.637 of 2021 SRINIVASAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KANCHEEPURAM.

For Petitioner : M/S V.MAHATHI CHARI Advocate For Respondent :MR. T.SHUNMUGARAJESWARAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420 IPC read with Section 34 of IPC in Crime No.28 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with the the other accused were said to have received a sum of Rs.49,50,000/- from the defacto complainant for securing employment for the daughter of the defacto complainant. Subsequently, neither providing job nor returning the money by the petitioner and ultimately cheated the defacto complainant. Hence, the present complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is also one of the victims of this case as he lost a sum of Rs.3,20,000/- for securing job to the niece of the petitioner. He further submitted that he is in no way connected with the allegations made in the complaint. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that it is a job racketeering case. A1 and other accused were said to have received a sum of Rs.49,50,000/- for securing job of the daughter of the defacto complainant. Neither providing job nor returning the amount to the defacto complainant. He further submitted that there is no bad antecedents against the petitioner.

5.Taking into consideration the facts and circumstances of the case and also considering the fact that there is no overt act attributed against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate I, Kancheepuram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- each (Rupees Ten Thousand Only), with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 19/04/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I,KANCHEEPURAM 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KANCHEEPURAM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S V.MAHATHI CHARI Advocate on payment of necessary charges CRL OP.637/2021 Date :19/04/2021 RVR 10/05/2021