Umaprameshwarakumaran v. State Rep Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Umaprameshwara Kumaran

...Petitioner

Vs.

State represented by The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.

Crime No.32 of 2024

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.32 of 2024 pending on the file of the respondent Police. For Petitioner : Mr.S.Nataraj For Respondent : Mr.L.Baskaran Government Advocate (crl.side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 03.02.2024 for the offences registered by the respondent Police under Sections 420 and 506(i) of IPC, in Crime No.32 of 2024 seeks bail. 1/5

2.The case of the prosecution is that the petitioner had received a sum of Rs.1,00,000/- from the defacto complainant promising that he would give a Government job for him. However, he did not give a Government job and he had returned back a sum of Rs.25,000/-. 3.There is a representation made on behalf of the defacto complainant seeking permission to file intervening application. 4.But the matter had come up earlier on 27.02.2024 also. 5.It is today represented by the learned counsel for the petitioner that the petitioner would deposit a sum of Rs.50,000/- to the credit of Crime No.32 of 2024.

6.Taking that statement into consideration, this Court is inclined to grant bail to the petitioner subject to the following conditions: 7.Accordingly, the petitioner is ordered to be released on bail on executing a 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 learned Judicial Magistrate No.II, Chidambaram, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate 2/5

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, on every Monday, Wednesday and Friday, at 10.30 a.m., until further orders.

[c] the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.32 of 2024 before the Judicial Magistrate No.II, Chidambaram. On such deposit, the learned Magistrate, may hand over the said amount to the defacto complainant. [d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] 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]. [g] If the accused thereafter absconds, a fresh FIR 3/5

can be registered under Section 229A IPC.

11.03.2024 vkr To

1. The Judicial Magistrate No.II, Chidambaram.

2. The Sub Jail, Chidambaram.

3. The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.

4.The Public Prosecutor, High Court of Madras. C.V.KARTHIKEYAN.

J.

vkr 4/5

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