A.Ramar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23140 of 2016 A.RAMAR ... PETITIONER/ACCUSED NO.2 Vs STATE REP BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TIRUNELVELI (CRIME NO.19 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.C.CHRISTOPHER Advocate For Respondent : M/S.P.KANDASAMY,Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 25.10.2016, for the offence punishable under Sections 465, 468, 471, 420 and 506(i) of IPC., in Crime No.19 of 2016, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner, who is arrayed as A2 along with other accused collected a sum of Rs.2,45,000/- from the defacto complainant and another, totally a sum of Rs.13,00,000/-, on the false promise of getting Government Jobs.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case.
4. The learned Government Advocate (crl.side) for the respondent would submit that totally there are 13 accused in this case and the petitioner is arrayed as A2. He also submitted that at the instance of A2, A1 and A2 had received a sum of Rs.2,45,000/- from the defacto complainant for securing Government Jobs. On the promise made by A2, A1 has collected a sum of Rs.13,00,000/- from number of persons and deposited in the accounts of A3 to A13. He also submitted that A1 and A3 to A13 are not arrested till now and they are absconding.
https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the above facts and circumstances of the case and also considering the fact that the prime accused in this case is not
yet arrested by the respondent and also considering the period of incarceration of the petitioner from 25.10.2016, I am inclined to grant bail to the petitioner subject to certain conditions.
6. 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 condition that:
[a] the petitioner shall report before the respondent police daily at 10 a.m., until further orders, for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial.
[d] 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]. sd/- 15/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI 5.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TIRUNELVELI +1. CC to M/S.C.CHRISTOPHER Advocate SR.No.80952 RL/7C/2P/CK/SARI/15.12.2016
ORDER
IN CRL OP(MD) No.23140 of 2016 Date :15/12/2016 https://hcservices.ecourts.gov.in/hcservices/