Jayakumar v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.7008 of 2025 Jayakumar .. Petitioner Vs.

The State rep by The Inspector of Police, Selaiyur Police Station, Chennai.

(Crime No.587 of 2024) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.587 of 2024 on the file of the respondent Police. For Petitioner : M/s.A.Murugavel For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side)

ORDER

This is the second anticipatory bail application filed by the petitioner before this Court.

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2.

The earlier anticipatory bail application filed by the petitioner was allowed by co-ordinate bench of this Court on 10.12.2024 in Crl.O.P.No.30692 of 2024.

3.

This criminal original petition has been filed by the petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 406 and 420 of IPC in Crime No.587 of 2024, seeks anticipatory bail.

4.

The case of the prosecution is that the petitioner induced the defacto complainant to give Rs.10,00,000/- on the promise of getting a job as a TTR in the Railway Department.

5.

The learned counsel appearing for the petitioner submitted that earlier anticipatory bail was granted by this Court on condition to deposit a sum of Rs.5,00,000/- to the credit of Crime No.587 of 2024 within a period of four weeks; that the petitioner did not make such deposit and hence, the earlier anticipatory bail granted by this Court stood automatically dismissed; Page No.2 of 6

that thereafter, pursuant to the directions of this Court, the petitioner had deposited a sum of Rs.5,00,000/- to the credit of Crime No.587 of 2024. The learned counsel also produced the proof of deposit. 6.

The learned Government Advocate (Crl. Side) appearing for the respondent police confirmed the fact that the petitioner had deposited a sum of Rs.5,00,000/- to the credit of Crime No.587 of 2024 on the file of learned Judicial Magistrate No.II, Tambaram.

7.

This Court had perused the receipt issued by the learned Judicial Magistrate-II, Tambaram confirming the deposit of Rs.5,00,000/- made by the petitioner to the credit of Crime No.587 of 2024. Since the petitioner has now deposited a sum of Rs.5,00,000/- to the credit of Crime No.587 of 2024, this Court is inclined to grant anticipatory bail to the petitioner with 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 Page No.3 of 6

the date on which the order copy is made ready, before the learned Judicial Magistrate No.II, Tambaram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 condition 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 as and when required for interrogation.

[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 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 Page No.4 of 6

under Section 269 BNS.

28.04.2025 Index : Yes / No Internet : Yes / No dpa To 1.The Inspector of Police, Selaiyur Police Station, Chennai.

2.The learned Judicial Magistrate No.II, Tambaram. 3.The Public Prosecutor, Madras High Court, Chennai.

SUNDER MOHAN , J.

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dpa Crl.O.P.No.7008 of 2025 28.04.2025 Page No.6 of 6