Jagan @ Jaganmohan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Jagan @ Jaganmohan ... Petitioner/Accused-3 Vs.

The State represented by The Inspector of Police, Steel Plant Police Station, Salem City, Salem District.

(Crime No.724 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.724 of 2023 on the file of the respondent.

For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner/A3 seeks bail in Crime No.724 of 2023, registered by the respondent police for the offences punishable under Sections 420, 392 and 397 of IPC. The petitioner had been remanded to custody on 23.11.2023. 2.It is the case of the prosecution that the defacto complainant wanted finance for starting business and approached A4. A4 introduced the defacto complainant to A1. A1 said that he would double the money which the defacto complainant pays. The defacto complainant had produced a sum of Rs.1,00,000/- and at that time itself, he realized that the entire operation was a fake operation but the accused are said to have snatched Rs.1,00,000/- from the defacto complainant.

3.It is also stated that the amount had been seized and there is also once previous case against the petitioner.

4.Taking all the factors into consideration and the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions:

5.Accordingly, 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 2/4

only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.I, Salem, 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., 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 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.

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C.V.KARTHIKEYAN, J.

ata To 1.The Judicial Magistrate No.I, Salem.

2.The Inspector of Police, Steel Plant Police Station, Salem City, Salem District.

3.The Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

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