Jothivel v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.25808 of 2021 Jothivel ... Petitioner/Accused Vs.

The State represented by The Inspector of Police, Ambalur Police Station, Thirupathur District.

Crime No. 288 of 2021.

... Respondent/Complainant 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.288 of 2021, on the file of the Inspector of Police, Ambalur Police Station, Thirupathur. For Petitioner : M/s.S.Senthamil Selvan For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

O R D E R

The petitioner who was arrested and remanded to judicial custody on 08.11.2021 for the offence under Section 420 IPC in Crime No.288 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant's friend one Syed Basha introduced the petitioner to the defacto complainant to get a job for the brother-in-law of the defacto complainant in the Forest Department. In turn, the petitioner introduced his friend one Balasubramani (A1) to the defacto complainant and received a sum of Rs.5,00,000/- from the defacto complainant by way of bank transaction and thereafter, cheated him. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for more than 50 days from 08.11.2021. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) vehemently opposed stating that the main accused/A1 is still absconding but admits that the investigation is almost completed.

5. Considering the facts and circumstances of the case 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. (a) Accordingly, the Petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the Petitioner has been confined and thereafter on his release; (b) the petitioner is directed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) to the credit of Crime No.288 of 2021 and on such deposit, the petitioner shall execute two sureties for a sum of Rs.

10,000/- (Rupees Ten Thousand only) each, before the learned Judicial Magistrate, Vaniyambadi, Vellore, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically; (c) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (d) the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. until further orders. (e) the defacto complainant is permitted to withdraw the deposit amount of Rs.2,00,000/- (Rupees Two Lakhs Only) on proper identification and acknowledgement.

(f) the petitioner shall not commit any offences of similar nature;

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

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

(i) on breach of any of the aforesaid conditions, the learned Judicial 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];

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

-sd/- 03/01/2022 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, VANIYAMBADI, VELLORE 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, AMBALUR POLICE STATION, THIRUPATHUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON,VELLORE CC to M/S. S.SENTHAMIL SELVAN Advocate on payment of necessary charges CRL OP.25808/2021 Date :03/01/2022 RVR 04/01/2022