Vinoth@Vinoth Anand v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2024

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Vinoth @ Vinoth Anand ... Petitioner

Versus

The State by The Inspector of Police, Central Crime Branch, Tiruppur City, Tiruppur.

(Crime No.4 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in respect of Crime No.4 of 2024 on the file of the Inspector of Police, Central Crime Branch, Tiruppur City, Tiruppur. For Petitioner :

Mr.B.Kumarasamy For Respondent :

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

Mr.Sachindhar

ORDER

Petition seeking bail in respect of Crime No.4 of 2024 registered Page No.1 of 6

for the offences punishable under Sections 406 and 420 of IPC, is on board for consideration.

2.The incarceration of the petitioner being from 12.11.2024 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. Learned counsel for the petitioner would submit that a case of business transaction has been falsely projected as a case of cheating. He further submits that the petitioner had borrowed a sum of Rs.10,00,000/- from the defacto complainant and had also given a cheque which was dishonoured, aggrieved over the same, the defacto complainant had filed a case in S.T.C.No.2289 of 2023 before the learned Fast Track Judicial Magistrate, Tiruppur and the case now stands posted for questioning. He further submits that the petitioner was earlier granted anticipatory bail in Crl.O.P.No.15608 of 2024 on 22.07.2024 with a direction to deposit a sum of Rs.10,00,000/- and since the petitioner was unable to deposit the said amount, he was arrested and he is in custody for more than a month. He further submits that A1 and A2 were granted anticipatory bail and the Page No.2 of 6

petitioner is ready to abide by any stringent conditions 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 the other accused had cheated the defacto complainant to the tune of Rs.51,37,500/- on the promise of getting orders from the Government Colleges.

4.Learned counsel for the Intervenor/defacto complainant would submit that the petitioner along with the other accused had cheated the defacto complainant to the tune of Rs.51,37,500/- by making false assurance and promise of getting orders from the Government Colleges. 5.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police Page No.3 of 6

and perused the materials available on record and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions and accordingly, he 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.I, Tiruppur, 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 daily at 06.30 p.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 Page No.4 of 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 269 of B.N.S. 12.12.2024 vv2 To 1.The Judicial Magistrate No.I, Tiruppur.

2.The Inspector of Police, Central Crime Branch, Tiruppur City, Tiruppur.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

Page No.5 of 6

A.D.JAGADISH CHANDIRA, J.

vv2 Crl.O.P.No.31028 of 2024 12.12.2024 Page No.6 of 6