Jaisankar Venkatesan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8112 of 2022 Jaisankar Venkatesan .. Petitioner Vs.
The State rep. by The Inspector of Police, The City Crime Branch Police Station, Coimbatore City.
(Crime No.24 of 2021) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.24 of 2021 on the file of the respondent police.
For Petitioner : Mr.H.Rajasekar For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor
O R D E R
The petitioner, who was arrested on 28.01.2022 for the offences punishable under Sections 120(B), 409 and 420 of IPC in Crime No.24 of 2021, seeks bail.
2.The petitioner was arrested on 28.01.2022 for the alleged offences under Sections 120(B), 409 and 420 IPC. The case of the defacto complainant is that the petitioner, who was working as Jewel Appraiser in Lakshmi Vilas Bank, Coimbatore Branch, had availed loan in the name of 14 named lenders and a sum of Rs.31,82,000/- was cheated.
3.Learned Additional Public Prosecutor appearing for the respondent submits that though the investigation is completed, the final report is not yet filed and the lab report is awaited. 4.Considering the fact that today is 90th day and so far, the final report has not yet been filed, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;
(a) the petitioner 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 No.7, Coimbatore;
(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 petitioner is directed to report before the concerned learned Magistrate on every Monday at 10.30 a.m. till filing of the final report.
(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 Judicial 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 229A IPC.
-sd/- 29/04/2022 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, NO.7, COIMBATORE.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
4 THE INSPECTOR OF POLICE, THE CITY CRIME BRANCH POLICE STATION, COIMBATORE CITY.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.H.RAJASEKAR Advocate on payment of necessary charges SR.NO. 6523 CRL OP.8112/2022 Date :29/04/2022 RW 29/04/2022