Sathish v. State, Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
1. Sathish
2. Raju ... Petitioners Vs.
The State represented by, The Inspector of Police, CCB-11 Thiruvallur Police Station, Thiruvallur Crime.No.84 of 2024.
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2024, pleased to enlarge the petitioners on bail, in Crime No.84 of 2024 pending investigation on the file of the respondent Police. For Petitioners :
Mr.P.Chandrasekar For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.84 of 2024 registered for the offences punishable under Sections 420 of IPC read with Sections 66D of 1/6
Information Technology Act, 2008.
2. The incarceration of the 1st petitioner being from 26.10.2024 and 2nd petitioner being from 30.10.2024 pleading innocence on the part of the petitioners and false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He also submits that, petitioners have been unnecessarily dragged into this case by the other accused. He further submits that the petitioners are 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 defacto complainant Moorthy has lodged a complaint before the respondent police stating that he purchased some household appliances through NAAPTOL online shopping and after purchasing the same, accused Arjun and Sathish have contacted the defacto complainant and informed that he was selected as a lucky draw customer and eligible for a sum prize and also they demanded him to pay GST, IT, insurance fee as well as transportation charges to the Bank account of one Sathish and thereby, the accused persons induced the defacto complainant for opening a bank account and cheated a sum of 2/6
Rs.15,12,505/- from the defacto complainant.
4. Having heard the learned counsel for the petitioners 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, this court is inclined to grant bail to the petitioners with certain conditions and accordingly, the petitioners 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 Judicial Magistrate No.II, Thiruvallur District, 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 petitioners shall report before the respondent police daily 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 petitioners shall not abscond either during investigation or trial;
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[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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. 09.12.2024 Sma 4/6
To
1. Judicial Magistrate No.II, Thiruvallur District 2.The Inspector of Police, CCB-11 Thiruvallur Police Station, Thiruvallur
3. The Superintendent, Central Prison, Puzhal.
4. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
Sma 09.12.2024 6/6