Ramesh @ White Ramesh v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] Date : 30.01.2025 PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH Ramesh @ White Ramesh ... Petitioner/A9 Vs The State of Tamil Nadu, rep. by its The Inspector of Police, DCB-Tenkasi Police Station, Tenkasi.
(Crime No.9 of 2024) ... Respondent/Complainant For petitioner : Mr.M.Rahul Kumar, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023 1/5
PRAYER :- For Bail in Crime No.9 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/A9, who was arrested and remanded to judicial custody on 17.12.2024 for the alleged offences under Section 120B, 406, 420, and 506(ii) of IPC, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the de facto complainant was in need of money for business purposes and to take care of the education of his children. Knowing this, A6 to A8 approached the de facto complainant and informed him that they knew some persons who will be able to double the money if the de facto complainant initially deposits some amount. For this purpose, the de facto complainant was asked to mortgage his property, and out of the loan amount, the money can be used for doubling the investment. Accordingly, nearly Rs.89,50,000/- was taken away. The role played by the accused persons is that they had threatened the de facto complainant as if they are policemen, and took away some amount that was available with the de facto complainant in cash. They also threatened the de facto complainant with dire consequences. At the time of registering the FIR, the names of the 8 accused persons were identified. In the course of the investigation, the 2/5
involvement of A9 and A10 came to light. The petitioner has been arrayed as A10 and is said to be the car driver of A9, and he has received a commission of Rs.50,000/-.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and considering the overt act that has been attributed to the petitioner and taking note of the fact that the petitioner has suffered incarceration from 17.12.2024, and also considering the fact that A1, A3, A4, A5, and A10 were arrested in this case and other persons are still absconding, and there is one previous case against the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
5. Accordingly, the petitioner is ordered to be released on bail on his executing a 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 learned Judicial Magistrate No.1, Tirunelveli 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.
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[b] the petitioner shall report before the respondent police, on every Monday and Friday at 10.30 a.m., for a period of 6 weeks and thereafter, as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond 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 BNS, 2023.
sd/- 30/01/2025 / TRUE COPY / 30/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
JEN 4/5
TO 1 THE JUDICIAL MAGISTRATE NO.I TIRUNELVELI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE INSPECTOR OF POLICE, DCB-TENKASI POLICE STATION, TENKASI DISTRICT.
4 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1620 of 2025 Date :30/01/2025 SS/SAR- /30/01/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5