Rajadurai v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Rajadurai

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, Annamalainagar Police Station, Cuddalore District.

(Crime No.18 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in Crime No.18 of 2025 pending investigation on the file of the respondent police. For Petitioners :

Mr.E.Kannadasan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 31.01.2025, seeking bail Page No.1 of 6

in Crime No.18 of 2025 registered for the offence under Sections 318(4), 336(3), 347(2) and 340(2) of BNS, 2023.

2.It is the case of the prosecution that the petitioner was working as Clerk in a School; that he had canvassed other people stating that he would secure the post of Physical Education Director and Office Assistant and had received a sum of Rs.6,83,000/-; that thereafter, he had neither secured any job nor returned the money and thus committed the aforesaid offences. Hence, the case.

3.The learned counsel for the petitioner would submit that the allegations are false; that the petitioner has no previous cases and in any case, considering the period of incarceration undergone by the petitioner from 31.01.2025, he may be released on bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that sofar no amount was recovered and that no previous case is pending against the petitioner. Page No.2 of 6

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.Considering the period of incarceration, the fact that no previous case is pending against the petitioner and since further custody of the petitioner 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 their 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 Judicial Magistrate No.I, Chidambaram, 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; Page No.3 of 6

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

03.03.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, Annamalainagar Police Station, Cuddalore District.

2.The Judicial Magistrate No.I, Chidambaram.

3.Central Prison, Cuddalore.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 03.03.2025 Page No.6 of 6