Saravanan v. State Rep By, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN 1.Saravanan 2.Balaji
...Petitioners/Accused 1&2
Vs.
State through The Inspector of Police, CCD - II Vellore, Vellore District.
(Crime No.14 of 2023) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in Crime No.14 of 2023 pending investigation on the file of the respondent police. For Petitioners :
Mr.B.Karthikeyan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 24.01.2025, seeking bail Page No.1 of 6
in Crime No.14 of 2023 registered for the offence under Sections 120(B), 420 of IPC and Section 66(D) of IT (Amendment) Act, 2008. 2.It is the case of the prosecution that on 23.05.2023, the defacto complainant received a call from the accused and requested that if she reviews a hotel, she would get a benefit of Rs.50/- and that she had benefited up to Rs.900/- and based on the said false statement, she had registered her name in the Blog and started doing the task and that she had invested a sum of Rs.14,53,468/- as an investment and thereafter she came to know that the accused had cheated her. Hence, the case. 3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case and that the petitioners have been in custody from 24.01.2025 and hence, custodial interrogation of them is not required. Hence, he prays for the grant of bail.
4.Per contra, the learned Government Advocate (Crl. Side) reiterated the case of the prosecution and submitted that sofar as six bank accounts of the accused have been frozen.
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5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6.Considering the nature of allegations, period of incarceration and since further custody of the petitioners is not required for the purposes of interrogation, this Court is inclined to grant bail to the petitioners with certain conditions.
7.Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate - III, Vellore, 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders; Page No.3 of 6
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners 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 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 B.N.S.
18.02.2025 ata Page No.4 of 6
Copy to:
1.The Inspector of Police, H5, New Washermenpet Police Station.
2.The Judicial Magistrate, Vellore.
3.The Superintendent of Prison, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
ata 18.02.2025 Page No.6 of 6