A.Josephraj v. State By, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN CRL O.P. No.1436 of 2025 A.Josephraj Son Of Alankarsamy, No.G-24, TNUHB, Periyar Salai, Thailavaram, Chengalpattu District - 603 202.
...Petitioner
Vs State By, Inspector Of Police CBCID, Cuddalore.
(FIR No.2/2024 )
...Respondent
PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S.,2023, praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.02 of 2024. For Petitioner : Mr. N. Ekalaivan For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate [Criminal side] Page No.1 of 6
ORDER
The petitioner / Accused-2, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 120B, 368, 370, 371, 374, 420 IPC r/w 10 & 24 Emigration Act, 1983 in connection with Crime No.02 of 2024, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with A1 had received a sum of Rs.4,50,000/- from the defacto complainant on the promise of getting employment in Combodia; that the defacto complainant was made to do the job of making telecommunication calls for committing online crimes and that the defacto complainant thereafter managed to get out of the country with the help of the Embassy officials and lodged a complaint.
3. Learned counsel for the petitioner would submit that even according to the prosecution, the petitioner had received a sum of Rs.1,50,000/- and returned the same to the defacto complainant and that the remaining amount was handed over to A1. Hence he prayed to grant Page No.2 of 6
anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal side) appearing for the respondent confirmed the fact that the petitioner had returned a sum of Rs.1,50,000/- out of Rs.4,50,000/- received from the defacto complainant and that the remaining amount was paid to A1.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the submissions made on either side and the fact that A1 was arrested and released on bail and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
7. 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 Page No.3 of 6
date of receipt of a copy of this order, before the learned VIII Metropolitan Magistrate, George Town, Chennai-1, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (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, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioner and 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. [c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond 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 Page No.4 of 6
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].
[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
07.02.2025 bga To 1.The VIII Metropolitan Magistrate, George Town, Chennai-1,
2. The Public Prosecutor, High Court, Madras. 3.Inspector Of Police CBCID, Cuddalore. (FIR No.2/2024 ) Page No.5 of 6
SUNDER MOHAN. J., bga CRL O.P. No.1436 of 2025 07.02.2025 Page No.6 of 6