Vinayagamoorthi v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 868 of 2025 Vinayagamoorthi Petitioner(s) Vs The State Represented by, The Inspector Of Police, Peelamedu Police Station, Coimbatore.
Crime No.730 of 2024 Respondent(s) For Petitioner(s):
Mr.R.Nagaraj For Respondent(s):
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No.730 of 2024 registered for the offences punishable under Sections 406 and 420 of IPC of the Bharatiya Nyaya Sanhita, 2023, the present petition has been filed seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would submit that the case of financial transaction has been falsely
projected as a case of job racketing. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail is that, the defacto complainant wrote a Government exam and that the accused on the assurance of getting Government job, the petitioner on various dates received a sum of Rs.12 lakhs from the defacto complainant. He would submit that a sum of Rs.99,000/- has been repaid and the balance amount still not paid. He would submit that the petitioner belongs to political party and a complaint is also given to the State President of the Political Party to take action.
4. At this juncture, the learned counsel appearing for the petitioner submitted that, in order to show his bonafides, the petitioner is ready to deposit a sum of Rs.4,00,000/- (Rupees Four Lakhs only) to the credit of Crime No.730 of 2024.
5. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police, and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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 on which the order copy made ready, before the learned II Judicial Magistrate, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 condition that:
[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders; [c] the petitioner shall deposit a sum of Rs.4,00,000/- (Rupees Four Lakhs only) to the credit of Crime No.730 of 2024 within a period of 3 (three) weeks;
[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 A.D.JAGADISH CHANDIRA , J.
dsn 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];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
24.01.2025 dsn 24.01.2025