Madras High CourtCRL OP(MD)/11253/2024allowed

A.Justin v. The Inspector Of Police

2024-08-16Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY A.Justin ... Petitioner/Accused No.4 Vs The Inspector of Police, DCB Police Station, Tenkasi District.

Crime No.3/2024 ... Respondent/Complainant Ramakutty ... Petitioner/Intervenor In CRL MP(MD).7391/2024 in CRL OP(MD).11253/2024 For Petitioner :

Mr.K.Suyambulingabharathi, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor :

Mr.S.Kumar, Advocate PETITION FOR BAIL Under Sec.483 BNSS / 439 of Cr.P.C. PRAYER :- For Bail in Crime No. 3 of 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 26.06.2024 for the offences punishable under Sections 120b, 406, 465, 468, 420, 294 (b) and 506(i) IPC in Crime No.3 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner herein and other accused have received a sum of Rs.15,00,000/- from the defacto complainant on promise to 1/4

get a job in the Central Government Department. Hence the case.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and the intervenor and perused the materials available on record.

4. Considering the nature of allegations that the petitioner is also an accused in a job racketing, considering the arguments of the learned counsel for the petitioner that he had also earlier given a complaint being a victim himself and considering the fact that in respect of the amount, which is received through him, to show his bonafide, he is willing to deposit the sum of Rs.5,00,000/- to the credit of the crime number, I am inclined to enlarge the petitioner on bail.

5. 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.I, Thirunelveli. (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) As per the undertaken, the petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of Crime No.3 of 2024 , before the Court 2/4

concerned, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties;

(iii) the petitioner shall appear before the respondent Police daily at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation; (iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial. (vi)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]. (vii)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 16/08/2024 / TRUE COPY / 16/08/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 3/4

TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

4 THE INSPECTOR OF POLICE, DCB POLICE STATION, TENKASI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.11253 of 2024 Date :16/08/2024 RS//SAR-(16.08.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4