Salomon William Jebaraj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Salomon William Jebaraj ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep by the Inspector of Police, City Crime Branch, Tirunelveli.

(Crime No. 8 of 2024).

... Respondent/Complainant For Petitioner :

M/s.Mayilvahana Rajendran.C, Advocate.

For Respondent :

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

Mr.N.Mohideen Basha, Advocate PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.8 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 1/5

07.09.2024 for the offences punishable under Sections 406, 418, 420 and 506(i) IPC in crime No.8 of 2024 on the file of the respondent police, seeks bail.

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

3. The learned counsel for the intervenor would strongly oppose the bail application on the ground that when the wife of the petitioner prayed for anticipatory bail only a sum of Rs.10,00,000/- was imposed as a condition, which has been deposited. The total cheated amount is Rs.65,00,000/-. Therefore, the balance Rs.55,00,000/- has to be recovered from the petitioner. Nothing is forthcoming from the petitioner and the complainant is put to grave loss and prays for dismissal of the petition.

4. Considering the nature of allegations made and considering the undertaking given by the learned counsel for the petitioner that the petitioner will deposit the documents of immovable property worth Rs.15,00,000/- at the time of furnishing the sureties and that the petitioner is in judicial custody from 07.09.2024, 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 2/5

Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tirunelveli. (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 undertaken, without prejudice to his rights and contentions, the originals of an immovable property either belonging to the petitioner or any other relative worth Rs.15,00,000/- shall be deposited by the petitioner before the trial Court to the credit of Crime No. 8 of 2024;

(iii) 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; (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]. 3/5

(vii)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 03/10/2024 / TRUE COPY / 03/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP To 1.The Judicial Magistrate No.I, Tirunelveli.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, City Crime Branch, Tirunelveli.

4.The Superintendent, Central Prison, Palayamkottai.

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

+1 CC to M/s.C.MAYILVAHANA RAJENDRAN, Advocate ( SR-12079[I] dated 03/10/2024 ) 4/5

ORDER

IN CRL OP(MD) No.16883 of 2024 Date :03/10/2024 ED/ /SAR- (03/10/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5