Sagunthala @ Sakunthala v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sagunthala @ Sakunthala ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

(Crime No.292/2024) ... Respondent/Complainant For Petitioner :

Mr.M.Subash Babu, Senior Advocate for M/s.Subash Law Office, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 292 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 1/4

26.07.2024 for the offences punishable under Sections 406, 420, 468 and 471 IPC in crime No. 292 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on promising to get a job in the railways the petitioner herein and other accused had received a sum of Rs.7,98,000/- from the defacto complainant and thereby, cheated him. Hence, the case.

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

4. Considering the nature of allegations in this case that the petitioner was involved closely with A1 and they promised to get a job in Railway to the greedy defacto complainant who thought that by paying money to A1 and A2, he will get a job in the railways and they encashed upon the greed and considering the fact that the A1 is still absconding and the petitioner is arrested and in jail from 30/8/2024, 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, Padmanabhapuram. (i)the sureties shall affix their photographs and left thumb impression in the 2/4

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 appear before the respondent Police daily at 10.30 a.m for a period of three 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 27/09/2024 / TRUE COPY / 27/09/2024 Sub-Assistant Registrar (Judicial) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 3/4

To 1.The Judicial Magistrate No.I, Padmanabhapuram.

2.Do through the Chief Judicial Magistrate, Kanyakumari District at Nagercoil.

3.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

4.The Officer Incharge, Sub Jail for Woman, Thuckalay, Kanyakumari District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M/S.SUBASH LAW OFFICE, Advocate ( SR-11897[I] dated 27/09/2024 )

ORDER

IN CRL OP(MD) No.16189 of 2024 Date :27/09/2024 ED/ /SAR- (27/09/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4