Jegan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HON'BLE MR. JUSTICE K. KUMARESH BABU Jegan ...petitioner Vs.

State represented by The Inspector of Police, DCB Police Station, Cuddalore District.

(Crime No.14 of 2021)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.14 of 2021 on the file of the respondent Police.

For petitioner : Mr.M.H.Peer Mohammed For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.03.2024 for the offences registered by the respondent Police 1/5

punishable under Sections 408 and 420 of IPC, in Crime No.14 of 2021 on the file of the respondent, seeks bail.

2.It is stated that the petitioner was working as an Executive in Busy Bees Logistics Solutions Pvt. Ltd. and got a new job in some other company and he resigned the job in the said company without handing over the payment collection amount to the tune of Rs.7,94,330/- for the period from 08.01.2021 to 11.01.2021 to the Manager of the said company. Hence this complaint.

3.It is stated by the learned Government Advocate (crl.side) that the petitioner is the sole accused in this case and he cheated a huge amount of Rs.7,94,330/- from Busy Bees Logistics Solutions Pvt. Ltd. 4.The learned counsel for the petitioner stated that the petitioner is an innocent person and he has been falsely implicated in this case. However, the petitioner, without prejudice to his rights, is ready and willing to deposit a sum of Rs.2,00,000/- to the credit of Crime No.14 of 2021.

5.Taking the period of incarceration into consideration and also the fact that the petitioner is willing to deposit a sum of Rs.2,00,000/-, this 2/5

Court is inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, the petitioner is directed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) to the credit of Crime No.14 of 2021 and on such deposit and on production of proof, he is ordered to be released on bail on further condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Chidambaram, 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 3/5

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 229A IPC.

08.05.2024 gsk To 1.The Judicial Magistrate No.I, Chidambaram.

2. The Central Prison, Arisipperiyankuppam, Cuddalore.

3. The Inspector of Police, DCB Police Station, Cuddalore District.

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

K. KUMARESH BABU.

J.

gsk 08.05.2024 5/5