Fazal v. State, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

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

The State represented by, The Inspector of Police, D4 Zambazar Police Station, Chennai.

(Crime No.24 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.24 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.M.Rajavelu 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 29.01.2025, seeking bail in Crime No.24 of 2025 registered for the offence under Sections 316(2) and 318(2) of BNS Act and Sections 406 and 417 of IPC.

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2. The case of the prosecution is that the petitioner gave assurance to the defacto complainant that he will secure job at Secretariat for him and also procure a land in Wakf Board for lesser rent and received a sum of Rs.22,50,000/- from the defacto complainant; that after receiving the amount, the petitioner neither arranged job nor returned the money and thus cheated the defacto complainant. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations are false; that the petitioner is in custody from 29.01.2025 and 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 respondent police recovered a sum of Rs.6,50,000/- and gold jewels weighing 97 grams and silver articles from the petitioner. He further submitted that, apart from this case, petitioner has no previous cases.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused 2/5

the materials available on record.

6. Considering, the nature of allegations; period of incarceration; the fact that the petitioner has no bad antecedents 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 XVIII Metropolitan Magistrate, Saidapet, Chennai 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;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or 3/5

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.

01.04.2025 Sma To

1. XVIII Metropolitan Magistrate, Saidapet, Chennai. 2.The Inspector of Police, D4 Zambazar Police Station, Chennai.

3. The Superintendent, Central Prison 2, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 01.04.2025 5/5