Gopinath v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2024
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL Gopinath
...Petitioner
Vs.
The State rep by The Inspector of Police CBCID South Police Station Thiruppur (Cr.No.1 of 2020)
...Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioner on bail in Crime No.1 of 2020 on the file of respondent police. For Petitioner : Mr.G.C. Nelson For Respondent : Mr.S.Vinothkumar Government Advocate (Crl. Side) ***** 1/7
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 01.09.2024 for the offences under Sections 419,420,466,467,468,471 of I.P.C and Sectios 82(a) of Registration Act 1908 altered to 419,420,466,467,468,471 and 109 of I.P.C in Crime No.1 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner entered into criminal conspiracy with other accused and created false documents to register the disputed lands in the names of his associates for the purpose of illegal gain and thereby cheated Rs.63,50,000/- and caused heavy loss to the defacto complainant's bank. Hence, the respondent police has registered a case against the petitioner.
3. Learned counsel for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He would 2/7
further submit that the petitioner is arrested and is in judicial custody from 01.09.2024 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.
4. Learned Government Advocate (Crl.Side) opposes the grant of bail to the petitioner by stating that the petitioner along with other accused involved in the act of creating encumbrance of 18 transactions in in a land suppressing the real owners and creating false documents and caused heavy loss to the complainant's bank. He further submitted that co-accused has been granted bail and there is no previous case pending against the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the submission of the learned counsel on either side, nature of offence, considering the period of incarceration undergone by the petitioner and also taking note of the fact that Co-accused has been granted bail and there is no previous case pending against the petitioner 3/7
and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions.
7. 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 Chief Judicial Magistrate, Tiruppur and on further conditions that: [a] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [b] the petitioner shall attend in accordance with the conditions of the bond;
[c] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected; [d] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 4/7
from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[e] the Petitioner shall not abscond either during investigation or trial;
[f] 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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To 1.The Chief Judicial Magistrate, Tiruppur 2.The Sub Jail, Tiruppur.
3.The Inspector of Police CBCID South Police Station Thiruppur 4.The Public Prosecutor, High Court of Madras.
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P.DHANABAL, J.
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