Ravi Kumar Sharma v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Ravi Kumar Sharma ... Petitioner Vs.
The State represented by, The Inspector of Police, CCD-III Mayiladuthurai, Mayiladuthurai (Crime No.05 of 2024).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail, in Crime No.05 of 2024, on the file of the respondent Police. For Petitioner :
Mr.R.Amburosh For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.05 of 2024 registered for the offences punishable under Sections 170, 171, 419, 420, 468, 471, 384, 506 (i), 120(B) of IPC and 66D of information Technology (Amendment) Act 2008, is 1/6
on board for consideration.
2. The incarceration of the petitioner being from 24.09.2024 pleading innocence on the part of the petitioner/A1 and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner was earlier detained under Act 14 and the same was set aside by this Court in H.C.P.No.2152 of 2024 dated 04.10.2024. He also submitted that the petitioner had not involved in any money transaction and he is in no way connected with the alleged offence. He also submits 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 along with other accused, by impersonating themselves to be police personnel, had threatened the de facto complainant stating that the arrest warrant was issued against him in a money laundering case and put him under threat for making payment and made him to transfer Rs.98,00,000/- to a SBI account and cheated him.
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4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, and taking note of the nature of allegation and the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on 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 District and Sessions Judge, Mayiladuthurai, 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 3/6
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. 16.12.2024 sai 4/6
To
1. The District and Sessions Judge, Mayiladuthurai.
2. The Inspector of Police, CCD-III Mayiladuthurai.
Mayiladuthurai
3. The Superintendent, Central Prison, Coimbatore.
4. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA, J.
sai 16.12.2024 6/6