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Madras High CourtCRL OP/24112/2021granted

Lenin v. State Rep.By

2021-12-13Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24112 of 2021 Lenin .. Petitioner Vs.

State Rep. By

...Respondent

The Sub-Inspector of Police, K-7, ICF Police Station, Chennai.

(Cr.No.229 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.229 of 2021 on the file of the respondent police.

For Petitioner : Mr.E.Vinothkumar 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 24.11.2021 for the offences under Sections 406, 468, 471 and 420 of IPC, in Crime No.229 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 on the promise to getting job in Railways demanded Rs.7,00,000/- from the defacto complainant for which the de facto complainant had given Rs.60,000/- and thereafter, the accused neither secured any job nor returned the amount to the de facto complainant. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner/A2 is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that

the petitioner has been suffering incarceration for more than 15 days from 24.11.2021 and he would pray for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would raise strong objection stating this is the case of job racketing, petitioner is arrayed as A2 and on the false promise of getting job in the railways the petitioner/A2 has received a sum of Rs.60,000/- out of which, only Rs.40,000/- has been recovered by the respondent police and remaining amount is yet to be recovered and that the investigation is almost completed and the co-accused /A1 has been released on bail.

5. Considering the fact that part amount has been recovered and co-accused has been released on bail and 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 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 V Metropolitan Magistrate, Chennai, and on further condition 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 Tuesday and Sunday at 10.30 a.m. until further orders;

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

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

-sd/- 13/12/2021 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 THE V METROPOLITAN MAGISTRATE, CHENNAI.

THE CHIEF METROPOLITAN MAGISTRATE CHENNAI. [FOR INFORMATION] THE SUB-INSPECTOR OF POLICE, K-7, ICF POLICE STATION, CHENNAI.

THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS +1 CC to MR.E.VINOTHKUMAR, Advocate on payment of necessary charges SR.NO.14547 CRL OP.24112/2021 Date :13/12/2021 TA-14/12/2021