Rajasekar @ Rajan v. State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :17.07.2023
CORAM
THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Rajasekar @ Rajan ..Petitioner Vs.
The State Rep. By The Inspector of Police, Job Racket Wing, TeamCentral Crime Branch, Egmore, Chennai. Crime No.188 of 2022 ...Respondent PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.188 of 2022 on the file of the respondent police.
For Petitioner : M/s. A.Thirumaran For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 02.06.2023 for the offences punishable under Sections 406, 420, 465, 467, 468 read with Section 34 & 120(B) of IPC in Crime No.188 of 2022, on the file of the respondent police seeks bail.
2. The learned counsel for the petitioner submitted that, petitioner is an innocent and he has been falsely implicated in a case registered for the offence under Sections 406, 420, 465, 467, 468 read with Section 34 & 120(B) of IPC in Crime No.188 of 2022. Petitioner is in Judicial Custody from 02.06.2023. Thus, he seeks bail to the petitioner.
3. In reply learned Government Advocate (Crl. Side) opposed the petition on the ground that the petitioner along with other accused on the promise of securing job at TNEB for the post of Assistant Engineer, had received a sum of Rs.8 lakhs from 8 persons and conducted interview and also issued fake offer letter.
4. In reply, learned counsel for the petitioner submitted that, 2/6
A1 in this case was granted bail and A2 & A3 were granted anticipatory bail and A5 appeared for enquiry under 41A notice.
5. Considering the nature, facts and circumstances of the case and the co-accused in this case were granted bail and anticipatory bail and the petitioner is in Judicial Custody from 02.06.2023 and that the material part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioner.
5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Metropolitan Magistrate for Exclusive Trial of CCB/CBCID 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 3/6
respondent police daily at 10.30.a.m., until further orders.
[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 229A IPC. 17.07.2023 Sma 4/6
To
1. Metropolitan Magistrate for Exclusive Trial of CCB/CBCID Court Egmore.
2.The Inspector of Police, Job Racket Wing, Team- Central Crime Branch, Egmore, Chennai.
3. Central Prison, Puzhal.
4.The Public Prosecutor, High Court of Madras 5/6
G.CHANDRASEKHARAN. J.
Sma Crl.O.P.No.15658 of 2023 17.07.2023 6/6