Manikandan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Manikandan ... Petitioner /Accused 10 Vs.

The State rep. by Inspector of Police, C.B.C.I.D. Vanmeegapuram, Thiruvarur.

... Respondent/ Complainant (Cr.No.1 of 2024) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Cr.No.1 of 2024 pending before the respondent Police. For petitioner : Rajkumar Franklin For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 420, 368, 371 of IPC r/w 10 of Emigration Act, 1983, in Crime No.1 of 2024, on the file of the respondent police, Page No.1 of 6

seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, along with the other accused, in the guise of running a recruiting agency to transport job seekers abroad, cheated the defacto complainant and several others. Based on the confession of A3, the petitioner herein has been arrayed as an accused. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is a law abiding citizen and ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, submitted that the petitioner, along with the other accused, allegedly operated a fraudulent recruitment agency under the pretext of sending job seekers abroad. He would further submit that no previous case of a similar nature is pending against the petitioner.

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5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6. Considering the nature of allegation; there is no previous case pending against the petitioner; and that custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned JM-1, Thiruvarur, on condition that the petitioner shall execute a 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 said Magistrate, on further condition that: [a] the sureties shall affix their photographs and Left Thumb Page No.3 of 6

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 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 reported in [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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03.02.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr SUNDER MOHAN, J.

skr To

1. The Inspector of Police, C.B.C.I.D. Vanmeegapuram, Thiruvarur.

2. The Public Prosecutor, Madras High Court, Chennai.

3. Learned JM-1, Thiruvarur.

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