R.Jeeva v. The State Rep By, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.01.2025

CORAM

THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA

1. R. Jeeva

2. Rama .... Petitioners Vs The State by The Sub Inspector of Police District Crime Branch Dharmapuri.

Crime No.10/2024.

....Respondent Prayer: Criminal Original Petition is filed under Section 482 of of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to release the petitioner on anticipatory bail in the even of his arrest in Crime No.10 of 2024 pending on the file of the respondent police.

For Petitioners :

Mr.M.Mohamed Riyaz For Respondent :

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

Apprehending arrest in connection with Crime No.10 of 2024 registered for the offences punishable under Sections 406, 465, 467, 468, 471, 1/5

472, 473 and 420 of IPC, the present petition has been filed by the petitioners seeking anticipatory bail.

2.

The case of the prosecution is that A1 & A3 promoted Farmer Development Agriculture Cooperative Society and induced the defacto complainant and other victims and collected money to the tune of Rs.25,00,000/- and cheated the defacto complaiant. The petitioners herein are arrayed as A4 & A7 and they are office staffs. They have also fabricated documents and seal. Hence, the case.

3.

Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. Learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that the petitioners are staffs working under the main accused and collected the amounts as per the directions of the main accused and they are not beneficiaries in the transaction. He further submitted that they are ready to abide by any stringent condition that may be imposed by this Court.

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4.

The learned Government Advocate (Crl. Side) appearing for the respondent Police opposed for grant of anticipatory bail to the petitioners who have been arrayed as A4 & A7. He further submitted that the main accused have been arrested and released on bail. The main accused have cheated 385 victims and collected amount to the tune of Rs.25,00,000/- as on date.

5. Having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly the petitioners are 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 No.II, Dharmapuri, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each 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 said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioners shall report before the respondent Police 3/5

daily at 10.30 a.m until further orders;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 BNS.

28.01.2025 Index : Yes/No Internet : Yes/No dpq To 1.The Sub Inspector of Police District Crime Branch Dharmapuri.

2.The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA, J, dpq 28.01.2025 5/5