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Madras High CourtCRL OP/11501/2024granted

Syed Mubarak v. State Rep By

2024-05-22Honourable Mr Justice C. Saravanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.05.2024

CORAM

THE HON'BLE MR. JUSTICE C.SARAVANAN Syed Mubarak ... Petitioner Vs.

The State represented by, The Inspector of Police, CCD-II, Cuddalore Police Station, Cuddalore.

(Crime No.61 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.61 of 2024, pending investigation on the file of the respondent Police.

For Petitioner : Mr.N.S.Suganthan For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner was arrested and remanded to judicial custody on 10.04.2024, for the offences punishable under Section 420 of IPC and Section 66D of the Information Technology Act, 2000, in Crime No.61 of 2024, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner/accused, under the guise of getting the visa for the de facto complainant to go abroad for a job, had received a sum of Rs.70,000/- from him and cheated him by issuing a duplicate visa.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, who is no way connected with the alleged offence, and a false complaint has been foisted against him. He further submitted the petitioner, to show his bonafide, is ready and willing to deposit a sum of Rs.1,00,000/-, to the credit of crime number before the court concerned, without prejudice to his defence and contention. He also submitted that the petitioner is in custody from 10.04.2024 and he is also ready to abide by any stringent conditions that may be imposed by this Court. 2/6

Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner, under the guise of getting the visa for the de facto complainant, had received a sum of Rs.70,000/- from him and cheated him by issuing a duplicate visa. He further submitted that the investigation in this case is still pending and no recovery is made from the petitioner, hence, he opposed for grant of bail to the petitioner.

5. Heard the learned Counsel for the Petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and considering the fact that the petitioner has volunteered to deposit a sum of Rs.1,00,000/- to the credit of crime number, this Court is inclined to grant bail to the petitioner with certain conditions. 3/6

7. Accordingly, the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees one lakh only) to the credit of Crime No.61 of 2024, without prejudice to his rights and contentions, before the court concerned and on such deposit, the petitioner is ordered to be released on bail on his executing 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.III, Cuddalore, 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 respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial; [f] 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 4/6

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]; [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

22.05.2024 ham To

1. The Judicial Magistrate No.III, Cuddalore.

2. The Inspector of Police, CCD-II, Cuddalore Police Station, Cuddalore.

3. The Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

C.SARAVANAN.,J.

ham 5/6

22.05.2024 6/6