Barkathulla v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2024

CORAM

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

The State rep. by, The Inspector of Police, District Crime Branch, Krishnagiri, Krishnagiri District.

(Crime No. 10 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.10 of 2024, pending investigation on the file of the respondent Police.

For Petitioner :

Mr.P.M.Jayachandran For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.10 of 2024 registered a case for the offences punishable under Sections 408 and 420 of IPC, is on board for consideration.

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2. The incarceration of the petitioner being from 17.10.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He would submit that a major part of the investigation is over. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

3. The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner who was working as a collection agent under the defacto complainant, had collected the money from the customers and transferred the money to his bank account through Phonepe and Google pay. He would submit that the total misappropriated amount is to the tune of Rs.20,22,300/-, out of which, an amount of Rs.3,00,000/- was recovered and the balance amount was not recovered.

4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on 2/4

bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Krishnagiri, 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, on every Saturday 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 269 of B.N.S.

dsn 05.12.2024 3/4

A.D.JAGADISH CHANDIRA.,J.

dsn To

1. The Judicial Magistrate No.II, Krishnagiri.

2. The Inspector of Police, District Crime Branch, Krishnagiri, Krishnagiri District.

3. The Superintendent, Central Jail, Salem.

4. The Public Prosecutor, High Court of Madras.

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