Anthony Selvaraj v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Anthony Selvaraj ... Petitioner Vs.

State by The Inspector of Police, Elavanasoorkottai Police Station, Kallakurichi.

(Crime No.374 of 2023)

...Respondent

Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on bail concerned in Crime No.374 of 2023 pending on the file of the respondent police. For Petitioner : Mr.Krishnasamy Chinnasamy For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6

ORDER

The petitioner is A2 in Crime No.374 of 2023 registered by the respondent police for the offences punishable under Sections 406 & 420 of IPC r/w Section 4(1), 76(1) of Chit Funds Act, seeks bail. The petitioner is the son of A1, who is the father of the petitioner had been arrested on 25.09.2023.

2. It is stated that both the accused had conducted unauthorised chit fund Scheme and collected a sum of Rs.5,19,500/- from the defacto complainant.

3. It is also stated that A1 had been granted anticipatory bail.

4. Taking into consideration all these factors, I am inclined to grant bail to the petitioner with certain conditions:

5. Accordingly, the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.374 2/6

of 2023 within a period of two weeks from the date of receipt of a copy of this order. After receipt of such deposit, the Sessions Judge concerned shall hand over the same to the defacto complainant. On such deposit and production of proof, the petitioner is ordered to be released on bail on condition to execute 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 Principal Sessions Judge, (I/C), Villupuram, 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 appear before the respondent police everyday at 10.30 a.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 3/6

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 absconds, a fresh FIR can be registered under Section 229A IPC.

20.10.2023 ata 4/6

To 1.The Principal Sessions Judge, (I/C), Villupuram. 2.Central Prison, Cuddalore.

3.The Inspector of Police, Elavanasoorkottai Police Station, Kallakurichi.

4.The Public Prosecutor, High Court of Madras.

C.V.KARTHIKEYAN.

J.

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Crl.O.P.No.24463 of 2023 20.10.2023 6/6