Layola Rosario Churchill @ Churchill v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Layola Rosario Churchill @ Churchill ... Petitioner Vs.
State by:
The Inspector of Police, Chengalpattu Town Police Station (Crime No. 739 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pertaining to Crime No. 739 of 2024 on the file of the respondent Police. For Petitioner :
Mr.L. Govindaraj For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No. 739 of 2024 registered for the offence punishable under Sections 420, 465 & 468 of IPC is on board for consideration.
2.The incarceration of the petitioner being from 19.11.2024 pleading 1/5
innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the case of financial dispute has been falsely portrayed as a case of cheating. He also submits that the petitioner is no way connected with the alleged offences and he 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 bail, as per the de facto complainant is that the accused, received a sum of Rs.5,50,000/- from her to secure an MBBS seat for her son, however, failed to deliver the seat or repay the amount.
He further submits that the investigations revealed that the accused engaged in similar fraudulent activities, including deceiving one Saravanan for Rs.8,55,000. The accused provided fake appointment orders to the de-facto complainant's son and other victims. Realizing the fraud, the complainant visited the accused to demand repayment but was threatened. The accused ultimately cheated the complainant and others of a total sum of Rs.41,92,000/-. He further submits that the petitioner has one previous case against him.
4.Having heard the learned counsel for the petitioner and the learned 2/5
Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record including the counter affidavit filed by the respondnet and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate No.I, Chengalpattu and on further conditions that: [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 petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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 3/5
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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 09.01.2025 sai 4/5
A.D.JAGADISH CHANDIRA, J.
sai To 1.
The Judicial Magistrate No.I, Chengalpattu.
2.
The Inspector of Police, Chengalpattu Town Police Station.
3.
The Superintendent, Sub Jail, Chengalpattu.
4.
The Public Prosecutor, High Court of Madras.
09.01.2025 5/5