Valarmathi v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Valarmathi ... Petitioner Vs.

The State represented by, The Inspector of Police, CCD-II, Villupuram Police Station, Villupuram District.

(Crime No.04 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.04 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.R.Muthukumar 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 10.02.2025, seeking bail in Crime No.04 of 2025 registered for the offence under Sections 318(4) of BNS [ IPC 420] and Section 66D of Information Technology Act. 1/6

2. The case of the prosecution is that, A1 and A2 had deceived the defacto complainant on the promise of obtaining loan of Rs.10 lakhs and made them deposit a sum of Rs.8,20,233/- in 14 instalments to the account of A1; that petitioner is A3, he was working as a staff in the company run by A1; that A1 after receiving the said amount, transferred Rs.1 lakh to the petitioner. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations are false; that petitioner has nothing to do with the alleged fraud committed by other accused and merely because some money was transferred to her account, it cannot be said that she had deceived the defacto complainant and in any case, the petitioner is in custody from 10.02.2025; and that further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the petitioner is involved in a similar previous case. He further submitted that, A1 has been detained under Goondas Act. 2/6

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 nature of allegations, the period of incarceration; the fact that petitioner is on bail in other case 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 Judicial Magistrate, No.I, Villupuram 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 3/6

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

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To

1. Judicial Magistrate, No.I, Villupuram.

2.The Inspector of Police, CCD-II, Villupuram Police Station, Villupuram District.

3. The Superintendent, Sub Jail, Cuddalore.

5. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

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