Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Raja 2.Selvi ....Petitioners/Accused Nos.4&5 Vs State represented by The Inspector of Police D1-Thallakulam Police Station (L&O) Madurai Crime No.760 of 2021 ... Respondent/Complainant For Petitioners : Mr.S.Muniyandi, Advocate.

For Mr.V.Ramalingam Advocate For Respondent : Mr.T.Senthilkumar Government Advocate (Criminal Side) PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.760 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A4 & A5, who were arrested on 01.07.2021 for the offences under Sections 420, 468 and 471 I.P.C and Sections 80, 81 of J.J.Act @ 370(4), 370(5), 371, 468, 471 and 120(b) I.P.C and Sections 80 and 81 of J.J.Act in Crime No.760 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant is a social worker. One Iswarya, W/o.Sonaiyan had two male and one female children. Due to poverty, she is unable to maintain her children. Hence, she decided to hand over her children to a children 1/4

orphanage. The defacto complainant did all the help to the said Iswarya by getting NOC from the local jurisdictional police and entrusted the children in the month of March 2021 with one Ithayam Arakattalai situated at Reserve Line, Madurai, run by the accused Nos.1 and 2. On 20.06.2021 at about 7.00 p.m, the administrator of the trust called the relative of Iswarya and intimated that her younger son was having very fever and admitted in Government Rajaji Hospital, Madurai. On the next day, on 21.06.2021, the defacto complainant went to the trust and at that time, the Director, Sivakumar @ Siva and one person, by name, Matharsha intimated that the child was affected by Corona and admitted in the Government Hospital and that no one was permitted to see the child.

In order to prove the same, the said Matharsha sent a reference letter to the defacto complainant's mobile phone. While so, at around 2.00 p.m, the said Matharsha intimated that the child died due to Corona and the final rituals were held at Thathaneri crematory. Since the death was due to COVID, no one was allowed to see the body and the same was intimated to the parents also. When the defacto complainant asked about the details from the said Sivakumar, he was informed that the child was handed over to someone. The defacto complainant suspected the activities of the trust and lodged the complaint and the case has been registered as child missing. During the investigation, it was found that not only Iswarya's child, but also another child was sold to some other third parties, by creating bogus documents.

Thereafter, the case was altered and nine named accused were arrayed as accused.

3.The learned counsel for the petitioners would submit that the first petitioner is a vegetable merchant who supplied vegetables to the Ithayam Trust. The second petitioner is a social worker. Since the accused nos. 6 to 9 have no issues for the past several years, they have approached these petitioners for taking adoption under legal process. Therefore, the petitioners introduced accused nos.6 to 9 to Ithayam Trust. Taking advantage of the Covid-19 situation, accused nos.1 to 3 have committed the fraud. The petitioners did not know about the alleged incident prior to arrest. He would further submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution and therefore, he sought for grant of bail.

4. The learned Government Advocate (Crl. Side) for the respondent police, on instructions, would submit that on the investigation conducted, so far, there is no incriminating material as against these petitioners except that they have recommended and shared some amount with the accused.

5. Considering the facts and circumstances of the case, the role played by the petitioners, the fact that they have recommended the accused persons for taking adoption under legal process and also the period of incarceration, this Court is inclined to grant bail to the petitioners.

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6. Accordingly, this Criminal Original Petition is ordered. The petitioners are directed 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 the learned Judicial Magistrate No.II, Madurai 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. [b] the petitioners shall report before the respondent Police daily at 10.30 a.m until further orders.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness 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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 03/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

msa Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, D1- THALLAKULAM POLICE STATION (L&O), MADURAI.

4 THE SUPERINTEDENT, CENTRAL PRISON, MADURAI.

5 THE OFFICER INCHARGE, WOMEN PRISON, NILAKOTTAI .

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

ORDER

IN CRL OP(MD) No.12469 of 2021 Date :03/09/2021 PKP/JC/SAR-2/06.09.2021/4P/7C 4/4