Gokul v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.23103 of 2021 Gokul

...Petitioner

Vs.

State Rep by The Station House Officer DCB Cuddalore District (Crime No.18 of 2021)

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail relating to Crime No.18 of 2021 on the file of the respondent police. For Petitioner : M/s.N.Ishwariya For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 03.11.2021 for the offences under Sections 406 and 420 of IPC in Crime No.18 of 2021 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner along with other accused obtained a sum of Rs.4,45,000/- from the defacto complainant and his friends on the false promise of securing job in Singapore and thereafter, they neither secured any job nor returned the money. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. In fact, prior to the registration of this complaint, the petitioner had lodged a complaint against the other accused stating that a sum of Rs.7,62,000/- was received by them for securing job in abroad and

thereafter, they cheated him. However, the respondent police did not take any action on the complaint of the petitioner but, registered the case against the petitioner. He would further submit that the petitioner has been suffering incarceration for 30 days from 03.11.2021. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) raised objection but admits that the investigation is almost completed.

5. Considering the fact that the investigation is almost completed and also considering 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 directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only) to the credit of Crime No. 18 of 2021 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 Judicial Magistrate-III, Cuddalore, 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 on every Wednesday at 10.30 a.m. until further orders. (c) the defacto complainant is permitted to withdraw the said deposit amount of Rs.1,00,000/- (Rupees One Lakh Only) on proper identification and acknowledgment.

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 02/12/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.III, CUDDALORE.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

4 THE STATION HOUSE OFFICER, DCB, CUDDALORE DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.N.U.PRESSANNA Advocate on payment of necessary charges SR.NO.13900 CRL OP.23103/2021 Date :02/12/2021 RW 02/12/2021