Siva v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/05/2024 PRESENT The Hon`ble Mrs.Justice S.SRIMATHY 1.Siva 2.Usama 3.Shavaj ... Petitioners/Accused Nos.3, 5 and 6 Vs.
State represented by The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.
In Cr.No.99 of 2024.
... Respondent/Complainant For petitioners : Mr.T.Vadivelan, Advocate. For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.99 of 2024 on the file of the Respondent Police. 1/6
ORDER : The Court made the following order :- The petitioners / Accused Nos.3, 5 and 6, who were arrested and remanded to judicial custody on 27.03.2024 for the offences under Sections 406, 420 and 469 of IPC, in Crime No.99 of 2024 on the file of the respondent police seek bail.
2. The case of the prosecution is that the petitioners and other accused persons had misappropriated a sum of Rs.3,48,971/- through online by representing themselves that they were arranging tour package to the customers in the name and style of Dream Gateway and had cheated the defacto complainant. Hence, the present complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and are no way connected with the alleged offences. Actually, the petitioners were working as employees under the first accused. During the vocational trip to Kodaikanal, the petitioners voluntarily roped into the present case even he has not known Tamil Language. The first accused only had received the tour package amount through online for a sum of Rs.3,48,971/- and the petitioners are not aware of the such incidents. Further, the petitioners are in custody from 27.03.2024. However, the petitioners are ready to deposit a sum of Rs.2,00,000/- each to the Government 2/6
Model Girls Higher Secondary School, Y.Othakadai, Madurai, without prejudice to their defence before the trial Court. Hence, he prays to grant bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that investigation is not yet completed. Hence, he vehemently opposed to grant of bail to the petitioners.
5. Heard both sides. Perused the materials available on record including the First Information Report.
6. Taking into consideration of the facts and submissions made by the learned counsels and also considering the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:
7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.II, Kodaikanal, and on further conditions that :- [a] as per the undertaking given by the petitioners, the petitioners shall make a non-refundable deposit of Rs.2,00,000/- (Rupees Two Lakhs only) each in favour of the Headmaster, Government Model Girls Higher Secondary School, Y.Othakadai, Madurai, bearing Account No.10968750674, IFSC No.SBI0002246, State Bank of India, Othakadai Branch, Madurai, without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court 3/6
while executing the sureties; Thereafter, the Headmaster of the School shall spend the amount for purchasing the benches and desks for 12 newly constructed class rooms under "Namakku Naame" Scheme and file necessary proof before the learned Magistrate;
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity.
[c] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter as and when required for interrogation; [d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners shall not tamper with evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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]. 4/6
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 22/05/2024 / TRUE COPY / 22/05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO THE JUDICIAL MAGISTRATE NO.II KODAIKANAL DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT.
THE OFFICER INCHARGE SUB JAIL, DINDIGUL THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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COPY TO THE HEADMASTER GOVERNMENT MODEL GIRLS HIGHER SECONDARY SCHOOL, Y.OTHAKADAI, MADURAI.
+1 CC to M/s.T.VADIVELAN, Advocate ( SR-5623[I] dated 22/05/2024 )
ORDER
IN CRL OP(MD) No.7490 of 2024 Date :22/05/2024 PKP/22.05.2024/ 6P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6