A.Baskaran v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
1. A.Baskaran
2. B.Anusuya @ Anusiya ... Petitioners Vs.
State rep by its Inspector of Police, District Crime Branch, Cuddalore District, (Cr.No.27 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in concern Crime No.27 of 2025 on the file of the respondent police. For Petitioners : Mr.A.Arasu Ganeshan For Respondent : Mr.R.Vinoth Raja Government Advocate (Crl.Side) 1/7
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 07.06.2025, for the offences punishable under Sections 420 and 506(i) of IPC in connection with Crime No.27 of 2025, registered on the file of the respondent, seek bail.
2. The case of the prosecution as per the defacto complainant one Deventhiran is that the petitioners had indulged in job racketing and cheated the defacto complainant to the tune of Rs.6,00,000/- on the false assurance of arranging job as Office Assistant in Tamil Nadu Rural Development Department. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners had taken loans from four persons to meet urgent family and other expenses. These transactions have now been portrayed improperly as false promises of securing employment, allegedly constituting a job-racket case. He further submitted that the petitioners are prepared to comply with any stringent conditions this Court may impose. He, therefore, prayed that bail be granted. 2/7
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and submitted that the first petitioner is an ex-serviceman and the second petitioner is her wife. They allegedly promised the defacto complainant to secure government jobs and received Rs.6,00,000/- . Subsequently, four more complainants came forward, alleging that the petitioners cheated them to the tune of Rs.31,25,000/-.
5. It is submitted that the petitioners have used this money for the marriage of their son and daughter. The petitioners son and daughter have married and settled happily, but the persons who have given money are now in streets.
6. The learned counsel for the petitioners on instructions submits that he has got a good case on merits and without prejudice to their rights and defence, both the petitioners are ready to deposit Rs.7,50,000/- each to the credit of the Crime No.27 of 2025.
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7. Considering the nature of allegations and the submission that the petitioners are willing to deposit an amount of Rs.7,50,000/- each to the credit of Crime No.27 of 2025, this Court is inclined to grant bail to the petitioners with certain conditions.
8. Accordingly, the petitioners are ordered to be released on bail on executing their separate bonds for a sum of Rs.10,000/- each with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court-III, Cuddalore 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 petitioners are directed to deposit a sum of Rs.7,50,000/- each to the credit of Crime No.27 of 2025 and shall produce the proof of payment before the learned Magistrate concerned at the time of executing the sureties. The learned concerned Magistrate shall deposit the same in the interest bearing fixed deposit scheme in any one of the nationalized banks.
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[c] the petitioners shall report before the respondent Police everyday at 10.30 a.m., until further orders;
[d] the petitioners shall make themselves available for interrogation by a Police Officer as and when required; [e] the petitioners shall not directly or indirectly cause any threat to the de-facto complainant and witnesses; [f] the petitioners 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; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
07.07.2025 Vv 5/7
Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate-III, Cuddalore.
2.The Inspector of Police, District Crime Branch, Cuddalore District, 3.The Central Prison, Cuddalore.
4.The Public Prosecutor, High Court of Madras.
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M.NIRMAL KUMAR, J.
Vv 07.07.2025 7/7