Arunkumar v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Arunkumar ... Petitioner

Versus

State rep. by The Inspector of Police, DCB (District Cime Branch), Mayiladuthurai District.

(Crime No.1 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on Bail pending investigation in the Crime No.1 of 2024, on the file of Inspector of Police, DCB (District Crime Branch), Mayiladuthurai District.

For Petitioner : Mr.R.Shriharan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor *****

ORDER

The petitioner, who was arrested and remanded to judicial custody on 30.04.2025, for the offence punishable under Sections 406, 420 of Page No.1 of 6

IPC, in connection with Crime No.1 of 2024, registered on the file of the respondent, seeks bail.

2. The contention of the learned counsel for the petitioner is that the petitioner is said to have collected money from the defacto complainant and nine others and the false promise that he would get employment in Dubai. According to the petitioner, the petitioner had referred the contact numbers of all the persons to Dubai. Further, all of them have joined employment in Dubai and they worked for few months to one year regularly. Thereafter, they were unable to adjust to the new environment and left the job. Now, they have projected as if the petitioner has collected money on the false promise of getting job in Dubai.

3. Learned Additional Public Prosecutor submitted that the petitioner had collected around Rs.15 lakhs from ten victims on the promise of getting job in Dubai. Neither the job was obtained nor the money was returned to the petitioner and nine others. Hence, he, opposed for grant of bail to the petitioner.

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4. Heard both sides and perused the materials available on record.

5. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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 No.2 at Mayiladuthurai and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report 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;

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[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.06.2025 sp Page No.4 of 6

To 1.The Judicial Magistrate No.2, Mayiladuthurai.

2.The Inspector of Police, DCB (District Crime Branch), Mayiladuthurai District.

3.The Superintendent, Central Prison, Cuddalore.

4.The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

sp 24.06.2025 Page No.6 of 6