Ajantha v. The State Of Tamilnadu Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2023
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Ajantha ... Petitioner Vs.
The State represented by, The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.
(Crime No.80 of 2023).
... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.80 of 2023, pending on the file of respondent Police. For Petitioner : Mr.R.Sudhakar For Respondent : Mr.C.E.Pratap Government Advocte (crl.side) 1/7
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 10.02.2023 for the offences punishable under Sections 420, 294(b) and 506(ii) of IPC in Crime No.80 of 2023, on the file of the respondent Police, seeks bail.
2. The case of the prosecution as per the defacto complainant/Ramanujam is that the accused have induced the defacto complainant and 53 others, by giving assurance that they could get Government jobs and received a sum of Rs.1,14,50,000/- and cheated them. The further allegation is that when the defacto complainant asked the accused to return his money, they refused and threatened him with dire consequences. Hence the case.
3. The learned counsel for the petitioner would submit that this is the second application for bail and earlier application for bail in Crl.O.P.No.5766 of 2023 was dismissed on 13.03.2023 by stating reason that the investigation in this case is at very nascent stage and the amount involved in this case is of Rs.1,14,50,000/-. He would further submit that some of the 2/7
similarly placed accused have been granted bail and some of them have been granted anticipatory bail by this Court. He would further submit that the petitioner has been falsely roped in this case, since she is the wife of A4. He would further submit that A4, who is the husband of the petitioner herein, has been granted anticipatory bail on condition to deposit a sum of Rs.3 lakhs to the credit of crime number and he has also complied with the said conditions. He would further submit that the allegations in respect of the petitioner is that she along with her husband have cheated Rs.13 lakhs. He would further submit that a case of financial transaction has been projected as a case of job racketing. He would also submit that the petitioner, who is a lady, is in judicial custody from 10.02.2023 and hence, he prays for grant of bail to the petitioner.
4.The learned Government Advocate (crl.side) for the respondent would submit that the petitioner (A1) is the main accused in this case and she along with other accused, under the guise of securing a Government job, have received a sum of Rs.1,14,50,000/- from the defacto complainant and 53 other persons and cheated them. He would also submit that some of the co-accused in this case have been granted bail and even though, husband of 3/7
the petitioner has been granted anticipatory bail by this Court. However, he opposed for grant of bail to the petitioner.
5.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record.
6. Taking into consideration the facts and circumstances of the case, the submissions made by either side and also considering the period of incarceration undergone by the petitioner, 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 her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Ulundurpet, Kallakurichi District 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 4/7
Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent Police daily 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 abscond, a fresh FIR can be registered under Section 229A IPC.
28.03.2023 vkr To 5/7
1. The Judicial Magistrate No.I, Ulundurpet, Kallakurichi District.
2. The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.
3. The Central Prison, Cuddalore.
4. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
Vkr 28.03.2023 7/7