Ravichandran @ Chandran v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.Ravichandran @ Chandran 2.Varadharajan @ Varadhu 3.Dhushyanth @ Babu 4.Bhuvaneshwari ... Petitioners Vs.

The State represented by, The Inspector of Police, Velankanni Police Station Nagapattinam District.

Crime No.118 of 2023.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioners/accused on bail, in connection with the Crime No.118 of 2023, pending investigation on the file of the respondent Police.

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For Petitioners : Mr.D.Mariojohnson For Respondent : Mr.C.E.Pratap Government Advocate (crl.side)

O R D E R

(This case has been heard through Video Conferencing) The petitioners, who were arrested and remanded to judicial custody on 09.03.2023, for the offences punishable under Sections 417, 420, 120(B), 370 of IPC, in Crime No.118 of 2023, on the file of the respondent police, seek bail.

2. The case of the prosecution is that both the de-facto complainant and the accused are Srilankan refugees. The accused, on the false promise of making illegal arrangements for the de-facto complainant to migrate from Velankanni to New Zealand through fishing boat, have obtained a sum of Rs.2 lakhs from him, for the cost of illegal transport and cheated them. Further during investigation it came to light that the accused have also cheated several other victims to the tune of Rs.17,00,000/-. Hence the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this 2/6

case. He further submitted that the petitioners and the de-facto complainant both are the Srilankan refugees and there was a financial dispute between them, due to which, the de-facto complainant has lodged a false complaint as against the petitioners and the petitioners themselves are victims. He also submitted that the petitioners are in judicial custody from 09.03.2023 and they ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the de-facto complainant and the accused are Srilankan refugees staying at Srilankan Refugee Camps located at different locations. He further submitted that the petitioners along with other accused have induced the de-facto complainant and others, who are the Srilankan refugees, that they would be able to arrange for an illegal immigration to New Zealand through fishing boats and had obtained several lakhs and cheated them. He further submitted that as far as this case is concerned, the accused have received amounts to the tune of Rs.17,00,000/- from the defacto complainant to the victim and cheated them. Hence, he opposed for grant of bail to the petitioners. 3/6

5. Heard the learned Counsel for the petitioners 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 the learned counsel on either side and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Keezhvelur, Nagapattinam 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 petitioners shall report before the 4/6

respondent Police, everyday at 10.30 a.m., until further orders;

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

[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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

21.04.2023 vkr To

1. The District Munsif cum Judicial Magistrate, Keezhvelur, Nagapattinam.

2. The Inspector of Police, Velankanni Police Station Nagapattinam District.

A.D.JAGADISH CHANDIRA.,J.

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vkr

3. The Central Prison II, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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