Ramesh v. The State Rep By, The Inspector Of Police
CRL OP NO. 32427 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 32427 of 2024 Ramesh S/o Duraisamy, 3/214A, Kumar Nagar, Karuthampatti Post, Sulur Taluk, Coimbatore District Petitioner(s) Vs The State Rep By, The Inspector Of Police CBCID South Police Station, Nagapattinam District 611 001 Respondent(s) For Petitioner(s):
Mr.Anirudh A Sriram K. Jeyamohan For Respondent(s):
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120B, 368, 371, 374 an 420 of IPC and under Sections 10 and 24 of Immigration Act, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 27.11.2024, at about 11.00 hours, one Balaji/defacto complainant had lodged a complaint before the respondent Police in which he has received an information from the social media that Maheswaran/A-1 who is Managing Director and the other Staffs viz., Santhakumar/A-2 and Saravanakumar/A-3 are running private agency in the name and style of M/s.Global Service agency at Periyakulam, Theni District. The defacto complainant and his friend have approached the said persons and given a sum of Rs.1,60,000/- for arranging data entry job at Combodia. The defacto complainant provided
the job and was forced to do online cyber fraud work and he was not interested to do the same. Later, the defacto complainant and his friend were sent back to India. A1 to A3 acted with malicious intent, engaged the defacto complainant in unlawful activities solely to make a quick profit. Hence, the complaint.
3. Learned counsel appearing for the petitioner would submit that the petitioner is running a travel agency and at the request of the other accused, he booked ticket for the defacto complainant and his friend who are willing to work at Combodia. He further submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Further, the petitioner has no previous case with respect to cheating and he is ready to produce solvent sureties and also to abide with any conditions that may be imposed by this Court, therefore, he prayed for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for grant of anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR.
6. Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side and considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his
appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Nagapattinam on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees fifty thousand) to the Crime No.2 of 2024 before the learned Magistrate concerned, within a period of two(2) weeks from the date of receipt of a copy this order, failing which, the Anticipatory Bail granted to the petitioner shall stand cancelled.
(b). the petitioner and 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. [c] the petitioner shall report before the respondent police everyday at 10:30 a.m. for a period of two(2) weeks and thereafter every Saturday at 10.30 a.m. until further orders.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] 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 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
06.01.2025 msv To The Inspector Of Police, The State CBCID South Police Station, Nagapattinam District 611 001