Nagarajan v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Nagarajan
...Petitioner/Accused 2
Vs.
State rep by The Inspector of Police, Job Racketing Wing, Central Crime Branch, CCB-I, Vepery, Chennai.
(Crime No.5 of 2023) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in Crime No.5 of 2023 pending investigation on the file of the respondent police. For Petitioners :
Mr.R.C.Paul Kanagaraj For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 7
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 27.02.2025, seeking bail in Crime No.5 of 2023 registered for the offence under Sections 406, 420, 468, 471 and 120B of IPC.
2.It is the case of the prosecution that the defacto complainant approached A3, who is an Astrologer; that A3 introduced the petitioner to the defacto complainant; that the petitioner introduced A1 to the defacto complainant; that the defacto complainant working as a Teacher and wanted transfer to a different place; that A1, claimed to be close to the authorities, had demanded Rs.6 lakhs from the defacto complainant and thereafter, he had neither returned the money nor obtained the transfer and thus cheated the defacto complainant.
3.The learned counsel for the petitioner would submit that the Page No.2 of 7
allegations are false; that the petitioner has nothing to do with the alleged cheating committed by A1; that A1 was released on bail; that A3 was also arrested and released on bail and that in any case, further custody of the petitioner is not required and sought for bail. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that A1 had cheated several others to the tune of Rs.51 lakhs; that the allegation against the petitioner is that he had introduced the defacto complainant to A1. He further confirmed that coaccused were released on bail by the lower Court. 5.Heard the learned counsel on either side and perused the materials available on record.
6.Considering the aforesaid facts, the nature of allegations against the petitioner, the period of incarceration, the fact that the co-accused were released on bail by the lower Court and since further custody of the petitioner is not required for the purpose of investigation, this Court is Page No.3 of 7
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 Additional Metropolitan Magistrate for CCB and CBCID Cases, Egmore, 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 learned Magistrate/Trial Court is entitled to take appropriate action against the Page No.4 of 7
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.
03.04.2025 ata Copy to:
1.The Inspector of Police, Job Racketing Wing, Central Crime Branch, CCB-I, Vepery, Chennai.
2.The Additional Metropolitan Magistrate for CCB and CBCID Cases, Egmore.
3.Central Prison, Puzhal.
4.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
ata 03.04.2025 Page No.6 of 7
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