Rameshkumar @ Rameshykumar v. The State Rep. By, The Inspector Of Police Ccb,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-05-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR
1. Rameshkumar @ Rameshykumar S/o. Krishnaswamy R No. 11/12, 1 st Street, SBI Colony, Virugambakkam, Chennai- 600 092 Petitioner(s) Vs
1. The State rep. by, The Inspector of Police CCB, Avadi. (Crime No 31 of2023) Respondent(s) PRAYER d to enlarge the petitioner on bail in the event of his arrest in Crime No. 31 of2023, pending investigation on the file of the respondent police For Petitioner(s):
Mr.Muthupandi M For Respondent(s):
Mr.R.Vinothraja Government Advocate (Crl.Side)
ORDER
The petitioner, apprehends arrest for the alleged offences under Sections 406 and 420 of I.P.C in Crime No.31 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner/accused had committed breach of trust by not paying the bill amount of 150 USD/T to the defacto complainant, after delivering the goods weighing 513 MT Petra grey Marbles to the petitioner/accused.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and the case has been falsely foisted against him by the respondent for statistical purposes. He further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that there was a dispute between the petitioner and the defacto complainant in their business transaction. Hence, he strongly opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Having 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, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ambattur, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 respondent police everyday at 10.30 a.m for a period of two weeks and thereafter, as and when required for further interrogation.
[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 appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 of B.N.S.
16-05-2025 ASI/UMA To
1. The Inspector of Police CCB, Avadi.
2. The Judicial Magistrate, Ambattur.
3. The Public Prosecutor, High Court of Madras, Chennai.
M.NIRMAL KUMAR J.
ASI/UMA 16-05-2025