Mohanram v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.07.2022 PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CRL OP(MD). Nos.12768, 12771 & 12772 of 2022 Mohanram ... Petitioner/ Accused No.3 IN CRL OP(MD). No.12768 & 12772 of 2022 ... Petitioner/ Accused No.2 IN CRL OP(MD). No.12771 of 2022 Vs The State, through The Deputy Superintendent of Police, CBCID Crime Branch, Theni District.

(In Crime No.1,2,3 of 2022) ... Respondent/Complainant (in all OPs) For Petitioner : Mr.N.Ananthapadmanabhan for M/s.APN Law Associates (in all OPs) For Respondent : Mr.Veera Kathiravan, Additional Advocate General assisted by Mr.RMS.Sethuraman,, Additional Public Prosecutor.

(in all OPs) PETITIONS FOR BAIL Under Section 439 of Cr.P.C. COMMON PRAYER :-For Bail in Crime Nos.1,2 and 3 of 2022 on the file of the Respondent Police respectively.

COMMON ORDER : The Court made the following order :- The petitioner/accused No.2 in all cases, who was arrested and remanded to judicial custody on 5.5.2022 for the offence punishable under Sections 409, 465, 466, 477(a), 468, 471, 472, 109 of IPC and Section 13(2), 13(1)(c), Section13(1)d)(i) of Prevention of Corruption Act, 1988 13(2) r4/w Section 13(1)(a) of the Prevention of Corruption Act(Amendment) Act, 2018, in Crime Nos.1,2 and 3 of 2022, on the file of the respondent police respectively, seeks bail. 2.The case of the prosecution is that the land in Survey No.2554, 2555, and 2557 in Genguarpatti Village Bit-2 has been divided into two portions and major portion was illegally allotted to various persons and the said sub-divisions have been made 1/3

misusing the software bearing name ''Tamil Nilam'' and the fraud has been committed by down-loading the software and the accused No.9 and many others are beneficiaries. Hence, the complaint. 3.The learned Additional Advocate General appearing for the respondent/State would submit that the co-accused have been released on bail by various Courts on various dates and that the investigation is almost completed.

4.Considering the above facts and circumstances and also the fact that the Petitioner is in judicial custody for 81 days and that the investigation has almost been completed and that the custody of the Petitioner is absolutely not necessary and considering the subsequent developments that has taken place, 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.1,00,000/- (Rupees one lakh only) with two sureties (in each cases) each for a like-sum to the satisfaction of the learned Chief Judicial Magistrate, Theni. (ii)the Petitioner shall report before the respondent Police as and when required for interrogation.

(iii)the Petitioner shall not abscond either during investigation or trial;

(iv)the Petitioner shall not tamper with evidence or witness either during investigation or trial and that the Petitioner is directed to extend his fullest co-operation during investigation; (v)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 Honourable Supreme Court in P.K.Shaji .vs. State of Kerala((2005) AIR SCW 5560)) (vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229 A of IPC.

sd/- 25/07/2022 / TRUE COPY / 25/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

TO 1 THE CHIEF JUDICIAL MAGISTRATE THENI.

2 THE DEPUTY SUPERINTENDENT OF POLICE, CBCID CRIME BRANCH, THENI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, THENI.

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

+1 CC to M/s.APN LAW ASSOCIATES, Advocate ( SR-7615[I] dated 25/07/2022 )

ORDER

IN CRL OP(MD). Nos.12768, 12771 & 12772 of 2022 Date :25/07/2022 vsn MK/VR/SAR.IV/25.07.2022/3P/6C 3/3