M.Thoppadimuthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY M.Thoppadimuthu ... Petitioner/Accused No.11 Vs The Inspector of Police, The District Crime Branch (Crime No.1/2024.) ... Respondent/Complainant For Petitioner :
M/s. Arikaran.M, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.1/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.11, who was arrested and remanded to judicial custody on 28.06.2024 for the offences punishable under Sections 406, 420, 465, 468, 1/5
471 r/w 120(B) of IPC, in Crime No.1 of 2024 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the accused have created a fake website as if they are providing employment in the High Court and collected huge amounts of money from the various victims. Even though, the petitioner herein is the defacto complainant, on enquiry, it came to know that he has also canvassed the other victims and thereby, helped the accused to receive huge amount from the the victims. Hence, the complaint.
3.Heard both sides.
4.Considering the nature of allegation that A1, A2, A3 & A4 being the prime accused audaciously created a fake website as if they are providing employment in the High Court and collected huge amounts of money from the various victims and also considering the fact that the petitioner Thoppadimuthu was only the defacto complainant, who first launched the complaint and that after being the victim himself, thereafter, he willingly allowed himself to be used by the other accused to further canvass the other victims and also collect money from them and that he was instrumental in getting a part of money back from the main accused and redisbursed it to the victims, this Court is inclined to enlarge the petitioner on bail with certain conditions.
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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 Court 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 shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; 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 abscond, a fresh FIR can be registered under Section 229A IPC.
6.This is a case having some serious nature. Absolutely, when the prime 3/5
accused was in custody, not even a single penny has been seemed to have been recovered from them. It is stated by the respondent police that huge amount i.e., Rs.48 crores have been swindled from 420 victims. The investigation is foregoing after adding the present accused, who is initial victim himself and thereafter, he has canvassed other persons. Nothing else has happened in the instant case. Therefore, the Superintendent of Police, Virudhunagar District is directed to monitor the investigation and the investigation should be completed within a period of 60 days from today and the charge sheet to be filed before the concerned Court. sd/- 20/08/2024 / TRUE COPY / 20/08/2024 Sub-Assistant Registrar (C.O) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS To 1.The Judicial Magistrate No.II, Virudhunagar.
2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.
3.The Inspector of Police, District Crime Branch, 4/5
4.The Officer Incharge, District Jail, Virudhunagar.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Superintendent of Police, +1 CC to M/s.M.ARIKARAN, Advocate ( SR-10126[I] dated 20/08/2024 )
ORDER
IN CRL OP(MD) No.13332 of 2024 Date :20/08/2024 ED/ /SAR- (20/08/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5