Narayanan v. The State,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :08.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.10560 of 2025 Narayanan ... Petitioner/2nd Accused Vs.
The State represented byThe Inspector of Police, Central Crime Branch-I, Vepery, Greater Chennai.
(Crime No.272 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.272 of 2023 pending investigation on the file of the respondent Police. For Petitioner : Mr. B.Kumarasamy.
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 17.03.2025 seeking bail in Crime No.272 of 2023 registered for the offence under Sections 420, 120(B) of IPC r/w Section 76(1) of the Chit Funds Act, 1982.
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2. The case of the prosecution is that A1 & A3 were running a Chitfund scheme and had collected a huge money from various victims and cheated them to the tune of Rs.1,36,67,475/-; that the petitioner had introduced the known persons to A1 and A3 to join the chit. Hence, the case. 3.Learned counsel appearing for the petitioner would submit that the petitioner has nothing to do with the affairs of the Chitfund Company; that he had only assisted A1 in running the Chitfund Cpmpany; that there was no transaction in the account of the petitioner; that the FIR was registered in the year 2023 and he was arrested recently after A1 had committed suicide and further submitted that the co-accused was granted bail by the Sessions Court in Crl.M.P. No.2761 of 2025 dated 02.04.2025 and since further custody of the petitioner is not required and sought for bail.
4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and confirmed the fact that A1 was running Chitfund Company and had committed suicide on 11.01.2025 and fairly submitted that no money was transferred to the account of the petitioner and all the money of the victims were transferred to the account of A1.
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5. Considering the aforesaid facts and circumstances,the fact that no money was transferred on the account of the petitioner, the fact that the co-accused was granted bail in Crl.M.P. No.2761 of 2025 dated 02.04.2025 and the FIR was registered in the year 2023, 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:
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 Additional Metropolitan Magistrate, CCB Cases, Egmore, Chennai. [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; 3/5
[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.
08.04.2025 rkp To 1.The Additional Metropolitan Magistrate, CCB Cases, Egmore, Chennai.
2.The Inspector of Police, Central Crime Branch-I, Vepery, Greater Chennai.
3. The Superintendent, Puzhal II, Chennai.
4. The Public Prosecutor, High Court of Madras. 4/5
SUNDER MOHAN., J.
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