Manoj Chaudhary v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11233 of 2018 MANOJ CHAUDHARY ... PETITIONER/ ACCUSED-14 Vs THE STATE THROUGH THE INSPECTOR OF POLICE CBCID, VIRUDHUNAGAR.

Crime No. 1 of 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.V.JANAKIRAMULU Advocate For Respondent : Mr.CHELLAPANDIAN Additional Advocate General Assisted by Mr.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as Accused No.14. He was arrested and remanded to judicial custody on 16.06.2018 for the offences punishable under Sections 147, 201, 294(b), 506(ii), 406, 468, 471, 420, 120(b) IPC and Section 5 of TNPID Act in Crime No.1 of 2015 on the file of the respondent police. He seeks bail. 2.The petitioner was granted interim bail by this Court on condition that the petitioner should deposited a sum of Rs.41,00,000/- in all. This condition has been complied with and the petitioner come out on bail.

3.According to the prosecution, the petitioner should be available for trial and that his absence should not stall the progress of the trial.

4.The learned counsel appearing for the petitioner pointed out that the petitioner's family is abroad and that he has to earn only by doing job abroad. Therefore, this Court cannot impose any restriction as regards travelling of the petitioner abroad.

5.The learned counsel appearing for the petitioner undertook that the petitioner will file an application under Section 205 Cr.P.C. within a period of two weeks giving special vakalat to the counsel. Such a named counsel can represent the petitioner during trial on his behalf till judgment is pronounced. 6.The petitioner undertakes that the vakalat will not be revoked and if he intends to do so, it shall be substituted by another special vakalat.

7.This condition is imposed to ensure to speedy trial. The presence or absence of the petitioner should not make any difference.

8.The petitioner undertakes to appear at the time of examination under Section 313 Cr.P.C and again at the time of pronouncing judgment. If there is breach of this conditions, the learned counsel appearing for the petitioner on instructions undertakes that the entire amount of Rs.41,00,000/- can be forfeited. The petitioner is very much present before this Court and this order is being dictated in his presence. 9.The petitioner shall furnish two sureties. The learned counsel appearing for the petitioner submitted that the petitioner is unable to mobilise local sureties and he can produce sureties from Mumbai. The learned Court concerned is directed to accept the same. There is no restriction to the petitioner to travel abroad. 10.With these directions, the interim bail earlier granted is made absolute. However, the learned counsel appearing for the petitioner submitted that as many as following 11 articles have seized from the petitioner:

1.Passport 2.2 Mobiles 3.1 Gold Chain 4.1 Gold Ring 5.Wallet with 560 A&D 6.6 Credit Cards 7.Driving Licence 8.Clothes/Shoes 9.Sunglasses/Chargers 10.Suit Case Small 11.Samsung Watch Mobile phones are of course, required for further investigation. Except two mobile phones, the remaining seized articles shall be returned to the petitioner.

11.Accordingly, the petitioner is ordered to comply with the following condition;

The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties from Mumbai,

each for a like sum to the satisfaction of the learned Special Court, TNPID Act Cases, Madurai.

sd/- 18/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SPECIAL JUDGE, TNPID ACT CASES, MADURAI. 2.THE INSPECTOR OF POLICE CBCID, VIRUDHUNAGAR.

3.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.V.JANAKIRAMULU Advocate SR.No.13373

ORDER

IN CRL OP(MD) No.11233 of 2018 Date :18/07/2018 TK/MMS/VK/18.07.2018/3P-6C