Purushothaman.M v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Purusothaman.M ..Petitioner Vs.
State rep by:
The Inspector of Police, Job Racket Wing, Team-28, Central Crime branch, Egmore, Chennai.(Cr.No:83/2022) ..Respondent PRAYER:Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr. No.83/2022 on the file of the respondent police.
For Petitioner : Mr.J.R.Prabhakaran For Respondent : Mr.A.Gopinath, Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial 1/6
custody on 14.06.2022 for the offence under Sections 406, 420 read with 34 of IPC in crime No.83 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that, there are totally four accused in this case and the petitioner is arrayed as third accused. It is alleged that the petitioner along with other accused persons received a sum of Rs.3,50,000/- from the de-facto complainant on the pretext of getting job. Thereafter, the accused persons neither secured job nor returned the money. Hence, the case.
3. The learned government Advocate (Crl.side) appearing for the respondent submitted that there are totally 37 victims and collected more than Rs.3 Crores by all the accused persons. In so far as the petitioner is concerned, he received original certificates from the victims. So far as the amounts are concerned, they are deposited in the accounts of A1 and A2.
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4. However, the learned counsel appearing for the petitioner would submit that he is ready and willing to deposit original title deed of the property to show his bonafide.
5. Considering the period of incarceration by the petitioner from the date of his arrest i.e. 14.06.2022, this Court is inclined to grant bail to the petitioner.
6. Accordingly, the petitioner is directed to deposit original title deeds (stand in the name of the petitioner or in name of his friends or relatives) not less than value of Rs.1 Crore along with the valuation certificate obtained from the authority concerned and on such deposit, 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 CCB and CBCID Metropolitan Magistrate, Egmore, Chennai and on further conditions that:
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[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 six 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.
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G.K.ILANTHIRAIYAN, J.
mpl To 1.The CCB and CBCID Metropolitan Magistrate, Egmore, Chennai.
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.19714 of 2022 22.08.2022 6/6