B.Baskar v. The Central Crime Branch - Ii
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7405 of 2022 in Crl.M.P.No.4524 of 2022 1.B.Baskar .. Petitioners 2.Kamesh Kumar Vs.
The Central Crime Branch-II, .. Respondent Team-IV, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai-600 007.
(Crime No.311 of 2020) S.HARIKRISHNAN [PETITIONER/INTERVENER DEFACTO COMPLAINANT] [ORDERED AS PER ORDER OF THIS COURT DATED 04/04/2022 IN CRL.MP.4524/2022 IN CRL.O.P.NO.7405/2022] PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.311 of 2020 dated 23.11.2020 on the file of the respondent police. For Petitioners : M/s.Nithyaesh and Vaibhav For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor For Intervenor : Mr.K.Kannan
ORDER
The petitioners, who were arrested for the alleged offences under Sections 409, 465, 468, 471 and 34 of IPC, in Crime No.311 of 2020, on the file of the respondent police, seek bail.
2. Heard the learned counsel for the petitioners and the intervenor.
3.The dispute between the Directors has led to the complaint alleging that the first petitioner and the second petitioner/Accountant forged the signature of the defacto complainant and withdrawn money from the bank. Out of 17 cheques, which is alleged to have been forged, the prosecution has sent it for forensic expert opinion and found that the seven cheques were forged by the petitioner Baskar and three cheques were forged by the Accountant Kamesh Kumar. These petitioners are in prison for more than 42 days. The investigation is substantially completed. 4.Learned counsel for the petitioner states that the cash was withdrawn in the year 2018 and only after reconciling the account in 2019, the first petitioner was relieved from the directorship of the defacto complainant's Company. Earlier to this, a sum of Rs.
30 lakhs was paid to one Sivagurunathan, Associate of the defacto complainant and the defacto complainant, supressing the said fact, has filed a false complaint. The allegation and the counter allegations are the subject matter of trial and as on date, since the substantial portion of the investigation is over and the allegation made in the complaint can be investigated based on the records, this Court is of the view that the petitioners may be granted bail.
(a) Each of the petitioners shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Egmore;
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
(c) the petitioners are directed to report before the Investigating Officer daily at 10.30 a.m. till the completion of the investigation.
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 229A IPC.
-sd/- 04/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, EGMORE, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE CENTRAL CRIME BRANCH - II TEAM - IV, COMMISSIONER OFFICE BUILDING, EVK SAMPATH ROAD, VEPERY, CHENNAI-600 007.
5 THE OFFICER INCHARGE SUB JAIL, SAIDAPET.
+2 CC to M/S.NITHYAYESH AND VAIBHV Advocate on payment of necessary charges SR.NO.5040 CRL OP.7405/2022 in Crl.M.P.No.4524 of 2022 Date :04/04/2022 TA-05/04/2022