J.Annadurai v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN J. Annadurai ... Petitioner/ Accused No.7 Vs.

The State Rep. By, The Inspector of Police, Avadi CCB, Thiruvallur District.

(Crime No.15 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.15 of 2025, pending investigation on the file of the respondent.

For Petitioner : M/s. S.P. Meenakshisundaram For Respondent : M/s. J. R. Archana Government Advocate (Crl. Side) ****** 1/6

O R D E R

Petition seeking bail in respect of Crime No.15 of 2025 registered for the alleged offences punishable under Sections 406, 417, 420 and 34 of Indian Penal Code, is on board for consideration.

2.

The case of the prosecution is that A1 induced the defacto complainant to invest his money in the real estate business by making false assurance of getting higher returns; that thereafter A1 introduced the petitioner/A7 and other accused persons as if they are the agents and they possess lands for sales; that if the defacto complainant invest his money in their lands, he would get higher returns; and that thereby all the accused colluded together and cheated the defacto complainant to the tune of Rs.1,19,10,000/-. It is the further case of the prosecution that the petitioner herein colluded with A1 and cheated a sum of Rs.10,00,000/- from the defacto complainant.

3.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution; that the 2/6

petitioner has been arrested and remanded to judicial custody on 24.02.2025; that in any case further custody of the petitioner is not required; that the coaccused/A9 was already granted bail by this Court vide order dated 24.03.2025 in Crl.O.P.No.8694 of 2025; and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and ready to co-operate for the investigation and prayed for bail to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and on instructions submitted that the specific overtact against the petitioner is that he along with A1 induced the defacto complainant and cheated him a sum of Rs.10,00,000/-; and that the investigation is pending, hence opposed the grant of bail to the petitioner. 5.

Taking into consideration the facts and circumstances of the case, considering the nature of allegation against the petitioner, the submissions made by the learned counsels on either side, the fact that the co-accused was already granted bail, the period of incarceration undergone by the petitioner and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain 3/6

conditions.

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 No. I, Poonamallee 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 witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the 4/6

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 of B.N.S.

02.04.2025 stn To

1. The Judicial Magistrate No.I, Poonamallee.

2. The Inspector of Police, Avadi CCB, Thiruvallur District.

(Crime No.15 of 2025)

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

5/6

SUNDER MOHAN, J.

stn Crl.O.P.No.9798 of 2025 02.04.2025 6/6