Angel v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Angel

...Petitioner

Vs.

The State rep by:

The Inspector of Police, Job Racket Wing, Team-28, Central Crime Branch, Egmore, Chennai.

(CCB. Cr. No.113 of 2022) ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to grant bail to the petitioner in CCB. Cr. No.113 of 2022 on the file of the respondent police.

For Petitioner : Mr.V.Vivek For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.06.2022 for the offences punishable under Sections 406 and 420 of IPC in CCB. Crime No.113 of 2022 on the file of the 1/5

respondent police, seeks bail.

2. The case of the prosecution is that, there are totally two accused, in which the petitioner is arrayed as A2. A2 is working under A1. A1 collected sum of Rs.2.5 lakhs from each victims numbering 50 to get job in abroad. However, they failed to get any job and also refused to return the amount.

3. The learned Additional Public Prosecutor appearing for the respondent submitted that, though the petitioner is an employee of A1, all the amounts were collected from the victims and deposited in the account of the petitioner.

4. However, the learned counsel appearing for the petitioner submitted that there is no evidence to show that single paise was transmitted to her account. That apart, the petitioner was arrested and remanded to judicial custody on 03.06.2022 and A1 is still absconding.

5. Considering the above facts and circumstances of the case 2/5

and also the period of incarceration by the petitioner from the date of her arrest i.e., 03.06.2022, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on her 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 CCB and CB CID and Metropolitan Magistrate Court at Egmore, 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 the respondent police daily at 10.30 a.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. 3/5

State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

27.07.2022 mpl 4/5

G.K.ILANTHIRAIYAN, J.

mpl To 1.The CCB and CB CID and Metropolitan Magistrate Court at Egmore. 2.The Inspector of Police, Job Racket Wing, Team-28, Central Crime Branch, Egmore, Chennai.

3.Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.17548 of 2022 27.07.2022 5/5