Rameshbabu v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.981 of 2022 Rameshbabu ..Petitioner Vs.

State by: The Inspector of Police F4, Thousand lights Police Station, Chennai.

(Crime No.387 of 2021)

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.387 of 2021 on the file of the respondent police.

For Petitioner : Mr.R.Sreerangan For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 12.12.2021 for the offences under Section 420 of IPC in Crime No.387 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with accused/A1 collected huge amount from the innocent job aspirants and promising them that they will secure job at HR & CE Department and collected Rs.20 lakhs from several persons and also gold jewels weighing about 10 Sovereigns from the defacto complainant and subsequently failed to secure job as promised and not returned the amount received from the victims. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration for more than 30 days from 12.12.2021. However, on instructions, he furthermore submits that

without prejudice to his rights, on his own volition is ready to deposit an amount of Rs.2,00,000/- to the credit of Crime Number as imposed by this Court. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that this is the job racketing case and the petitioner is alleged to have accompanied with A1 and collected huge amount from the innocent job aspirants and promising them that they will secure job at HR & CE Department and collected Rs.20 lakhs from several persons and also gold jewels weighing about 10 Sovereigns from the defacto complainant and subsequently failed to secure job as promised and not returned the amount received from the victims.

5. Considering the above facts and circumstances of the case and that the amount involved is more than Rs.20 lakhs and also considering the undertaking given by the petitioner that he is ready to deposit an amount of Rs.2,00,000/-, this Court is inclined to grant bail to the petitioner on certain conditions.

(a) Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the Petitioner has been confined and thereafter on his release; (b) the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of Crime No.387 of 2021 within three weeks from today and on such deposit, the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, before the learned XIV Metropolitan Magistrate, Egmore, Chennai, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically; defacto complainant is permitted to withdraw the amount by giving undertaking affidavit.

(c) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (d) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

(e) the petitioner shall not commit any offences of similar nature;

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

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

(h) on breach of any of the aforesaid conditions, the learned Judicial 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]; (i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

List this matter for reporting compliance on 03.02.2022. -sd/- 12/01/2022 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 METROPOLITAN MAGISTRATE, NO.XIV, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

4 THE INSPECTOR OF POLICE, F4, THOUSAND LIGHTS POLICE STATION, CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. R.SREERANGAN Advocate on payment of necessary charges SR.NO.651 CRL OP.981/2022 Date :12/01/2022 RW 19/01/2022