Sunny Lloyd v. The State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Sunny Lloyd .... Petitioner Vs.

The State represented by, The Inspector of Police, D1, Triplicane Police Station, Chennai.

(Crime No.536 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.536 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr. C.Rajakumar 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 arrested and remanded to judicial custody on 17.12.2024, seeking bail in Crime No.536 of 2024 registered for the offence under Sections 126(2), 309(4) and 351(2) of BNSS [ 341, 391 an 506 of IPC]. 1/6

2. The case of the prosecution is that on 16.12.2024 at about 07.30.p.m., the defacto complainant was intercepted by one Rajasingh/A4, who was working as Sub Inspector of Police; that the defacto complainant was found in possession of unaccounted money of Rs.20 lakhs; that A4 inturn informed the A1 to A3, who were working in the Income Tax Department and they seized the said amount and all of them misappropriated it and that this petitioner(A5) had given the information to A4 about the possession of unaccounted money for the defacto complainant

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case on the confession of the co-accused that the money has been recovered by the respondent police and in any case further custody of the petitioner is not required in this case; co-accused were granted bail. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and confirmed the fact that co2/6

accused were granted bail by this Court. The learned Government Advocate further submitted that the confession of the accused revealed that the petitioners are involved in several other similar offences; the victim have not been identified so far.

5. 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.

6. The petitioner is in custody from 15.01.2025. The alleged money said to have been taken by them from the defacto complainant has been seized. The co-accused A1 to A3 were granted bail by this Court. Hence, considering the aforesaid facts, period of incarceration and since further custody is not required for the purpose of investigation, 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 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 II 3/6

Metropolitan Magistrate, Egmore, Chennai, 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 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 [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR 4/6

can be registered under Section 269 B.N.S.

10.03.2025 Sma To

1. II Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, D1, Triplicane Police Station, Chennai.

3. The Superintendent, Puzhal Jail.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 10.03.2025 6/6