Nandagopalan v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.4953 of 2025 Nandagopalan S/o. Sundaresan ... Petitioner/Accused-1 Vs.
The State represented byThe Inspector of Police, Job Racket Wing, Alpha-7, CCB-I, Chennai-600 007.
(Crime No.4 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.4 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr. V. Sridhar For Intervenor : Mr. K. Raghuraman For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was 1/6
arrested and remanded to judicial custody on 30.01.2025, seeking bail in Crime No.4 of 2025 registered for the offences under Sections 406, 420, 465, 467, 468, 471 read with 34 of IPC.
2. The case of the prosecution is that the petitioner along with other accused had induced the victims to pay a sum of Rs.45 lakhs under the guise of securing Government job; that they had also issued fake appointment orders and out of the said amount, only a sum of Rs.8,75,000/- was returned.
3. Learned counsel appearing for the petitioner submitted that the petitioner is nothing to do with the offences; that the allegations against the petitioner are false; that he has been falsely implicated in this case; that the occurrence is alleged to have taken place between 2018 and 2021 and there is a delay in registering the FIR; that co-accused was granted bail by this Court; that in any case, considering the period of incarceration and since the case is borne out by records, further custody of the petitioner is not required for the purpose of investigation and he is ready to deposit a sum of Rs.4 lakhs to show his bonafide and hence prayed for grant of bail.
2/6
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and on instructions, submitted that A2, who is the wife of this petitioner/A1 was granted bail.
5. Learned counsel appearing for the intervenor / defacto complainant strongly opposed the grant of bail to the petitioner by submitting that this is the case of cheating and no compassion should be shown to the petitioner.
6. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
7. Considering the nature of allegations, period of incarceration and since the allegations are borne out by records, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation and this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on deposit of 3/6
Rs.4,00,000/- (Rupees Four Lakhs only) to the credit of Cr. No.4 of 2025 on the file of respondent police and on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Additional Special Court for CCB Cases, Egmore at Chennai.
[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 petitioner shall report before the respondent Police, daily 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 4/6
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.
24.02.2025 mjs To
1. The Additional Special Court for CCB Cases, Egmore at Chennai.
2. The Inspector of Police, Job Racket Wing, Alpha-7, CCB-I, Chennai-600 007.
3. The Superintendent, Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras. 5/6
SUNDER MOHAN., J.
mjs Crl.O.P.No.4953 of 2025 24.02.2025 6/6