S.Baranidharan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Baranidharan ..Petitioner Vs.

The Inspector of Police, Economic Offence Wing, West Police Station, Villupuram.

..Respondent PRAYER:Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.2 of 2022 on the file of the respondent police.

For Petitioner : Mr.T.M.Suresh For Respondent : Mr.A.Gopinath, Government Advocate (Crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.07.2022 for the offence under Section 420 of IPC in crime 1/5

No.2 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that, the petitioner and 3 other accused persons were running a real estate business promoting lands and divided the same into various plots and sell them to the prospective purchasers. It is alleged that the accused persons had received the amount on instalment basis from various persons but they had not given the land nor given any sale deed to them. Hence, the complaint.

3. There are totally four accused, in which the petitioner is arrayed as A1, who is the Managing Director of Sri Thiruchandur Murugan City Developers. There are 1,500 victims so far and received more than Rs.2,24,00,000/- from them. The other accused persons, who were Directors of the Company was granted bail by this Court on certain conditions.

4. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of his 2/5

arrest i.e. 07.07.2022, this Court is inclined to grant bail to the petitioner.

5. 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.2 Crores 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 SPL Judge (TNPID) Court Chennai 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 twice daily at 10.30 a.m. and 5.30 p.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 3/5

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.

23.08.2022 mpl 4/5

G.K.ILANTHIRAIYAN, J.

mpl To 1.The SPL Judge (TNPID) Court Chennai.

2.The Inspector of Police, Economic Offence Wing, West Police Station, Villupuram.

3.Central Prison Puzhal.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.19810 of 2022 23.08.2022 5/5