Madras High CourtCRL OP(MD)/18789/2024allowed

Rajesh v. The State Of Tamil Nadu

2024-10-29Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Rajesh ... Petitioner/Sole Accused Vs The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

Crime No.334/2024.

... Respondent/Complainant For Petitioner : Mr.B.Micheal Sebastin Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No.334/2024 on the file of the respondent police 1/5

ORDER : The Court made the following order :- The petitioner/Accused, who is arrested and remanded to judicial custody on 19.09.2024 for the offence punishable under Section 420 of IPC, in Crime No.334 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioner has pledged the spurious gold and have taken a loan of Rs.5,22,000/-. Hence, the complaint. 3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the nature of allegation in this case that the petitioner is said to have pledged the spurious gold and have taken a loan of Rs.5,22,000/- and considering the fact that the petitioner is in judicial custody from 19.09.2024 and considering the submissions made by the learned Counsel for the petitioner that if the petitioner enlarged on bail and if some time has been granted, the petitioner will deposit a sum of Rs.4,00,000/- (Rupees Four Lakhs only) in two monthly installments, I am inclined to enlarge the petitioner on bail with certain conditions. 2/5

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, Valliyoor, Tirunelveli District; (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 deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) within 30 days from the date of enlargement on bail and the balance sum of Rs.2,00,000/- (Rupees Two Lakhs only) within 30 days, thereafter, to the credit of Cr.No.334 of 2024 on the file of learned Judicial Magistrate, Valliyoor.

(iii)the petitioner shall report 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; 3/5

(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 229A IPC.

sd/- 29/10/2024 (*)CORRECTED AS PER THE ORDER OF THIS HON'BLE COURT IN CRL OP(MD)No.18789 of 2024 dated 11.11.2024 BY NAVJ.

/ TRUE COPY / 12/11/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO TO BE SUBSTITUTED WITH THE ORDER DATED 29/10/2024 ALREADY DESPATCHED

1. THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT; 4/5

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3. THE OFFICER IN CHARGE, SUB-JAIL, NANGUNERI, TIRUNELVELI DISTRICT.

4. THE INSPECTOR OF POLICE, VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.B.MICHEAL SEBASTIN, Advocate ( SR-13356[I] dated 29/10/2024 )

ORDER

IN CRL OP(MD) No.18789 of 2024 Date :29/10/2024 RK/ (29/10/2024) 5P / 7C PNM SS/SAR- /12/11/2024 / 5P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5