Shailesh Yadav v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Shailesh Yadav ... Petitioner Vs.

The State represented by, The Inspector of Police, RPF Tiruvannamalai, Tiruvannamalai District.

(Crime No.30 of 2022) ... Respondent Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the Petitioner on bail, pending investigation in Crime No.30 of 2022, on the file of the respondent Police. For Petitioner : Mr.C.Vinodhkumar For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 24.09.2022, for the offences punishable under Section 143(2) Railway Act, 1989, in Crime No.30 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the de-facto complainant is that the petitioner on violation of Railway rules, had created the fake website and booked railway tatkal tickets and handed it over to the various agents. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he was working under the main accused as office staff and he had nothing to do with the alleged offence. He would further submit that the main accused A1 in this case has been granted bail. He would also submit that the petitioner is in custody from 24.09.2022 and he is ready to furnish adequate sureties. Therefore, he prays for grant of bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner, who is the employee of A1 along with A1 have created fake website in the name of IRCTC and had violated the railway rules and booked Tatkal Tickets. He would also submit that the petitioner is the brain behind these activities and therefore, he vehemently oppose for grant of bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Taking into consideration of the facts and circumstances of the case and the submissions made by the learned counsel and taking note of the fact that the main accused has been granted bail and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties (out of which one surety should be a blood related surety and should produce document to show his/her means), each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Vellore, 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, everyday at 10.30 a.m., for a period of two weeks and thereafter, every Saturday at 10.30a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take 4/6

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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

15.11.2022 ham To

1. The Judicial Magistrate No.I, Vellore.

2. The Inspector of Police, RPF Tiruvannamalai, Tiruvannamalai District.

3. The Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA., J.

ham 15.11.2022 6/6