Blesso Benedict v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Blesso Benedict S/o. Robert Benedict.... Petitioner / 2nd Accused Vs State rep. by:- The Inspector Of Police, District Crime Branch, Cuddalore District.
... Respondent [Cr. No.32 of 2023] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner/ Accused in Crime No.32 of 2023 on the file of the respondent police. For Petitioner : Mr.Harish Chandrasekar For Respondent : Mr. S. Santhosh Government Advocate [Criminal side]
ORDER
The petitioners / Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 294(b), 1/7
406, 420 and 506(1) of IPC in connection with the case in Crime No.32 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that A1 introduced A2/petitioner herein to the defacto complainant; that A2 had, on the promise of obtaining a job in the police department, obtained a sum of Rs.8 lakhs and A1 had obtained a sum of Rs.13 lakhs, and thus committed offence of cheating.
3. Learned counsel for the petitioner would contend that the allegations are false; that this is the case of monetary transactions sought to be projected as a case of job racketing; that the petitioner, even according to the complaint, had signed in blank papers, which would show that the allegations are false and in any case, to show his bonafides, the petitioner is willing to deposit a sum of Rs.2 lakhs to the credit of this case in Cr. No.32 of 2023 and hence prayed for anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the co-accused was granted 2/7
anticipatory bail in Crl. O.P. no.32556 of 2024 and the co-accused was directed to deposit a sum of Rs.4 lakhs in two instalments.
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 voluntary submission made by the learned counsel appearing for the petitioner, the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Cr. No.32 of 2023 on the file of respondent police at the time of executing sureties and the balance amount of Rs.1,00,000/- (Rupees One Lakh only) shall be deposited by the petitioner within a period of 6 weeks from the date of receipt of a copy of this order, without prejudice to the right of defence before the Trial court and making it clear that it would not amount to admission of guilt.
7. Considering the aforesaid facts, the nature of allegations, and since custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the 3/7
petitioner on certain conditions.
8. 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 of receipt of a copy of this order, before the learned District Munsif-cum-Judicial Magistrate, Neyveli on condition that the petitioners shall each execute a separate 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. [b] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
d] the petitioner 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 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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
20.02.2025 mjs To 5/7
1.The District Munsif-cum-Judicial Magistrate, Neyveli.
2. The Public Prosecutor, High Court, Madras.
3. The Inspector Of Police, District Crime Branch, Cuddalore District. SUNDER MOHAN. J., mjs 6/7
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