Ashok Kumar v. The State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.9781 of 2025 Ashok Kumar S/o. Radhakrishnan ... Petitioner/Accused-2 Vs.

The State represented byThe Inspector of Police, Pallikaranai Police Station, Pallikaranai.

(Crime No.78 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.78 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.S. Vignesh For Respondent : Ms. J.R. Archana 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 11.02.2025, seeking bail in Crime No.78 of 2025 registered for the offence under Sections 406 and 420 of IPC. 1/5

2. The case of the prosecution is that the petitioner along with other accused had committed cheating by collecting chit amount from various persons and had not returned the said amount.

3. The learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that the petitioner was working only as a collection agent; and that in any case, considering the period of incarceration, further custody of the petitioner is not required and prayed that the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and on instructions, submitted that the total chit amount collected by the other accused is Rs.1,60,63,100/-, out of which, as per the confession of A1, the petitioner has received Rs.80 lakhs.

5. It is seen from the records that the petitioner is in judicial custody from 11.02.2025 and final report is yet to be filed. Considering the aforesaid facts, nature of allegations and period of incarceration, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence this Court is inclined to grant bail to the petitioner with certain conditions. 2/5

6. 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 Judicial Magistrate-II, Alandur.

[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, 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 3/5

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.

07.04.2025 mjs To

1. The Judicial Magistrate-II, Alandur.

2. The Inspector of Police, Pallikaranai Police Station, Pallikaranai.

3. The Superintendent of Police, Central Prison-I, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

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