Sridharan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). Nos.14817, 14818, 15523 to 15527, 15529, 15531, 15533, 15535, 15536, 15542 and 15544 of 2021 1.SRIDHARAN 2.MEERA ... PETITIONERS/ACCUSED NO.5 & 6 IN CRL OP(MD)NO.14817 OF 2021 ... PETITIONERS/ACCUSED NO.4 & 5 IN CRL OP(MD)NO.14818 OF 2021 1.SRIDHARAN ... PETITIONERS/ACCUSED NOS.3 IN ALL THE PETITIONS 2.MEERA ... PETITIONERS/ACCUSED NOS.5 IN CRL OP(MD). Nos.15524 to 15527, 15529, 15531, 15533, 15535, 15536, 15542 and 15544 of 2021 ... PETITIONERS/ACCUSED RANK NOT KNOWN IN CRL OP(MD)NO.15523 OF 2021 Vs THE STATE REP.BY, 1.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THANJAVUR DISTRICT.

2.THE INSPECTOR OF POLICE, ECONOMIC OFFENCES WING, CHENNAI.

IN CRIME NOS.18 OF 2021. ... RESPONDENTS/ DEJURI COMPLAINANTS IN CRL OP(MD)NO.14817 OF 2021 3 MOHAMED YUSUF SOWKATH ALI JAFARULLA ... RESPONDENT/ DEFACTO COMPLAINANT IN CRL OP(MD)NO.14817 OF 2021 THE STATE REP. BY,

1. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THANJAVUR DISTRICT.

2. THE INSPECTOR OF POLICE, ECONOMIC OFFENCES WING, CHENNAI.

... RESPONDENTS/DEJURI COMPLAINANT IN ALL THE PETITIONS 1/4

CRIME NO.19 of 2021 ... IN CRL OP(MD) NO.14818/2021 CRIME NO.22 of 2021 ... IN CRL OP(MD) NO.15523/2021 CRIME NO.55 of 2021 ... IN CRL OP(MD) NO.15535/2021 CRIME NO.52 of 2021 ... IN CRL OP(MD) NO.15529/2021 CRIME NO.48 of 2021 ... IN CRL OP(MD) NO.15524/2021 CRIME NO.49 of 2021 ... IN CRL OP(MD) NO.15525/2021 CRIME NO.51 of 2021 ... IN CRL OP(MD) NO.15527/2021 CRIME NO.50 of 2021 ... IN CRL OP(MD) NO.15526/2021 CRIME NO.56 of 2021 ... IN CRL OP(MD) NO.15536/2021 CRIME NO.53 of 2021 ... IN CRL OP(MD) NO.15531/2021 CRIME NO.54 of 2021 ... IN CRL OP(MD) NO.15533/2021 CRIME NO.57 of 2021 ... IN CRL OP(MD) NO.15542/2021 CRIME NO.59 of 2021 ... IN CRL OP(MD) NO.15544/2021 IN ALL THE PETITIONS For Petitioners : Mr.P.Pranesh Rao, Advocate For Respondents : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime Nos.18, 19, 22, 48 to 57, 59 of 2021 on the file of the respondent police.

COMMON ORDER : The Court made the following order :- The petitioners/A4 and A5, who were arrested on 26.07.2021, in connection with the cases in Crime Nos.18, 19, 22, 48 to 57, 59 of 2021, for the offence punishable under Sections 406 and 420 of IPC, seeks bail.

2. The case of the prosecution is that the petitioners and other accused have collected huge amount from the defacto complainant and general public with an assurance that they would repay higher amount than the amount deposited by them and cheated them. Hence, the complaint.

3. The learned Additional Public Prosecutor submits that the petitioners are employees of the accused Nos.1 and 2 and the petitioners have also been added as accused in 14 cases and as against accused Nos.1 and 2, 41 cases have been registered.

4. The learned counsel for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. The petitioners are working as Manager and Helper and they were not aware of the intention of A1 and A2. The petitioners are also ready to co-operate for the investigation.

5. Considering the submissions made on behalf of the petitioners, this Court, vide order dated 07.10.2021, granted 2/4

interim bail to the petitioners enabling them to appear for investigation.

6. Today, when the matters are taken up for hearing, the learned Additional Public Prosecutor submits that the petitioners co-operated for the enquiry and furnished certain details about this crime. He further submits that there is no specific role played by the petitioners in the commission of this crime.

7. In view of the above submissions and since there is no specific role played by the petitioners in the alleged commission of offence, this Court is inclined to grant bail to the petitioners.

8. Accordingly, this Criminal Original Petitions are ordered. The petitioners are directed to be released on bail on their executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with two common sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kumbakonam, 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 once in a week of every Monday at 10.30 am. till the investigation is completed.

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

[d]the petitioners shall not tamper with the 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 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 28/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.I, KUMBAKONAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THANJAVUR DISTRICT, THANJAVUR-625 001.

4 THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING, CHENNAI.

5 THE OFFICER INCHARGE SPECIAL PRISON FOR WOMEN, TRICHY.

6 THE OFFICE INCHARGE, PUDUKOTTAI JAIL.

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

+14 CC to Mr.P.PRANESH RAO, Advocate ( SR-7549[I] to SR-7561 & 7593 [I] dated 28/10/2021 )

ORDER

IN CRL OP(MD). Nos.14817, 14818, 15523 to 15527, 15529, 15531, 15533, 15535, 15536, 15542 and 15544 of 2021 Date :28/10/2021 OGY MK/SKN/SAR.III/28.10.2021/4P/22C 4/4