Christy Jeevagan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Christy Jeevagan ... Petitioner/Accused No.4 Vs The Inspector of Police, District Crime Branch, Virudhunagar District, Crime No.07/2024 ... Respondent/Complainant For Petitioner :
Mr.T.Pon Ramkumar, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor For intervenor :
Mr.M.P.Vasantharam, Advocate PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For Bail in Crime No.07/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner /Accused, who was arrested and remanded to judicial custody on 27.06.2024 for the offences punishable under Sections 120B, 406, 420 and 506 (I) I.P.C, in crime No.7 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and other accused gave a 1/5
false promise to get Government job to the defacto complainant's son, gave a sum of Rs.18,83,000/- and thereafter, the accused did not arrange any job or return the money and also threatened him and thereby, cheated the defacto complainant. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 27.06.2024 and he is ready to deposit a sum of Rs.4,00,000/- and he may be granted bail.
4. The learned counsel for the defacto complainant / intervenor submits that the defacto complainant gave a sum of Rs.11,00,000/- to the petitioner, out of which, Rs.3,53,000/- has been sent to the petitioner through Bank transaction and he has also produced the receipt for the same.
5. The learned Additional Public Prosecutor would submit that the petitioner and other accused were borrowed a sum of Rs.18,83,000/- and thereafter cheated the defacto complainant. Totally there are four accused and the petitioner is arrayed as A4 and the petitioner had received a sum of Rs.5,48,000/- from the defacto complainant and the petitioner is having seven previous cases, which are similar in nature. He would further submit that investigation of the case is pending and hence, 2/5
he strongly opposed to grant bail to the petitioner.
6. Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.
7. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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.II, Virudhunagar. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii) the petitioner is directed to deposit a sum of Rs.4,00,000/- (Rupees Four Lakhs only) to the credit of Crime No.07 of 2024 before the learned Judicial Magistrate No.II, Virudhunagar, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties;
(ii)the petitioner shall report before the respondent police once in a week i.e., on every Saturday at 10.30 am until further orders; (iii)the petitioner shall not tamper with evidence or witness; 3/5
(iv)the petitioner shall not abscond during trial. (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 Hon'ble 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 229A IPC.
sd/- 22/07/2024 / TRUE COPY / 22/07/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
3 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.
4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.T.PON RAMKUMAR, Advocate ( SR-8217[I] dated 22/07/2024 )
ORDER
IN CRL OP(MD) No.10415 of 2024 Date :22/07/2024 RS//SAR-(22.07.2024) 5P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5