K.Sathish Kumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA K.Sathish Kumar ... Petitioner Vs.

The State represented by, The Inspector of Police, CCB, Team EDF - 1, Avadi, Chennai.

(Crime No.06 of 2022).

... 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.06 of 2022, pending investigation on the file of the respondent Police.

For Petitioner : Mr.Jaisankar For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 17.04.2023, for the offences punishable under Sections 406 & 420 of IPC, in Crime No.06 of 2022, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner/accused had received a sum of Rs.2,20,000/- from the defacto complainant/Ganesan for doing interior work for the de-facto complainant's flat, whereas, the petitioner had cheated the de-facto complainant by not doing any interior work and also by not returning the money. Further, when the de-facto complainant had enquired, he found that the petitioner has cheated several other persons in the same modus. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and a false complaint has been given as against him. He further submitted the petitioner had completed 50% of the work in the de-facto complainant's flat, meanwhile, there was a dispute between between the petitioner and the de-facto complainant, due to which, 2/6

he had given a false complaint as against the petitioner. He also submitted that though the de-facto complainant had stated that the petitioner had cheated several other persons, no other complaints was registered as against the petitioner. He also submitted that the petitioner is in custody from 17.04.2023. He further submitted that the petitioner is also ready to abide by any stringent conditions that may be imposed by this Court. 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 doing interior work for the de-facto complainant's flat, had received a sum of Rs.2,20,000/- from the de facto complainant and cheated him. He also submitted that the petitioner had also cheated several other persons. He further submitted that the investigation in this case is pending and there is no previous case as against the petitioner. However, he opposed for grant of bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, to show his bonafide, without prejudice to his defence and 3/6

contention, is ready and willing to deposit a sum of Rs.50,000/-, to the credit of crime number before the Court concerned. Therefore, he prayed to grant bail to the petitioner.

6. 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.

7. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and taking note of the period of incarceration suffered by the petitioner and also considering the fact that the petitioner has volunteered to deposit a sum of Rs.50,000/- to the credit of crime number, this Court is inclined to grant bail to the petitioner with certain conditions.

8. Accordingly, the petitioner is directed to deposit a sum of Rs.50,000/- to the credit of Crime No.06 of 2022, 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 4/6

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, Poonamallee, 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, on every Saturday at 10.30 a.m., until further orders;

[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 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]; 5/6

A.D.JAGADISH CHANDIRA.,J.

ham [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC. 09.06.2023 ham To

1. The Judicial Magistrate No.I, Poonamallee.

2. The Inspector of Police, CCB, Team EDF - 1, Avadi, Chennai.

3. The Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

2/2 6/6