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Madras High CourtCRL OP/13617/2021granted

M.Subbu @ Sumathi v. State Rep By

2021-08-10Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.13617 of 2021 M.Subbu @ Sumathi ... Petitioner Vs.

State by ... Respondent The Inspector of Police-Cyber Crimes Cell, Central Crime Branch-I, Chennai - 600 007.

[Crime No.325 of 2020] PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.3897 of 2021 pending trial on the file of the Special Court (for exclusive trial of CCB/CBCID Cases), Egmore at Chennai - 600 008 in Crime No.325 of 2020 on the file of the respondent-police. For Petitioner : Mr.K.Kannan For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested on 25.01.2021 and remanded to judicial custody for the offences under Sections 465, 467, 468 and 420 of IPC in Crime No.325 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, who is having knowledge in handling systems, along with other accused persons have manipulated and created fake Insurance Policies by converting the same into PDF and collected a sum of Rs.14,41,089/- from 39 victims. The respondent-police has registered a case based on the complaint of the Insurance Company.

3. The learned counsel appearing for the petitioner submitted that the petitioner is in no way connected with the alleged offences and the petitioner has been falsely implicated in this case and the petitioner has been in jail from 25.01.2021. The learned counsel further submits that this is the fifth bail petition filed before this Court. The earlier bail petitions filed by the petitioner before this Court were dismissed on the ground that the amount was not recovered from A1. However, investigation has been completed and

Charge Sheet has been filed and the entire amount involved in the present case has been recovered from A1. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is no previous case pending against the petitioner and the entire amount involved in the present case has been recovered by the respondent-police. However, he vehemently opposed the grant of bail to the petitioner.

5. Considering the change in circumstances that the entire amount involved in the present case has been recovered from A1 and also considering the period of incarceration suffered by the petitioner, 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.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Special Judge (for exclusive trial of CCB/CBCID cases), Egmore, Chennai, and on further condition 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 appear before the concerned Trial Court, daily at 10.30 a.m. on each and every date of hearing, until further orders;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond 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 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 10/08/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SPECIAL COURT (FOR EXCLUSIVE TRIAL OF CCB/CBCID CASES), EGMORE AT CHENNAI - 600 008.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE-CYBER CRIMES CELL, CENTRAL CRIME BRANCH-I, CHENNAI-600 007.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

+1 CC to M/S.K.KANNAN Advocate on payment of necessary charges SR.NO.8343 CRL OP.13617/2021 Date :10/08/2021 TA-12/08/2021