S.Murugan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Murugan

...Petitioner

Vs.

State represented by The Inspector of Police, Central Crime Branch-II, Chennai.

(Crime No.38 of 2022) ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No.38 of 2022 on the file of the respondent police. For Petitioner : Mr.L.Sriram For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 16.05.2022 for the offences punishable under Sections 465, 467, 471, 406 and 420 IPC in crime No.38 of 2022 on the file of the 1/4

respondent police, seeks bail.

2. There are totally four accused. According to the case of the prosecution, A1 collected money from the general Public to the tune of Rs.2,47,20,000/- to allot housing board in NKB Nagar. As far as the petitioner is concerned, he is the person who is attached with the A1 and the crime amount was transferred to the account of the petitioner and he opened a shop. Further, the petitioner was arrested and remanded to judicial custody on 16.05.2022.

3. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of his arrest i.e.16.05.2022, this Court is inclined to grant bail to the petitioner. 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 Judicial Magistrate, Tiruvottiyur 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 2/4

their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner report before the respondent police twice daily at 10.30 a.m. and 5.30 p.m., for a period of four weeks and thereafter as and when required for 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 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.

28.07.2022 mpl 3/4

G.K.ILANTHIRAIYAN, J.

mpl To 1.The Judicial Magistrate, Tiruvottiyur.

2.The Inspector of Police, Central Crime Branch-II, Chennai.

3. Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.17619 of 2022 28.07.2022 4/4