Single judge of the Madras High Court granted bail to the petitioner arrested for cheating, imposing stringent conditions including surety bonds, property deposit, and daily police reporting.
Bail granted subject to execution of bond, deposit of Rs.3,00,000/-, furnishing of property deeds, and daily reporting to police for two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.01.2021
CORAM :
THE HON'BLE Mr. JUSTICE V.BHARATHIDASAN Crl.O.P.No.20963 of 2020
Palanisamy
... Petitioner
Vs.
The State
Rep. by The Inspector of Police, B-3 Fort Police Station Police Station, Chennai District.
(Crime No.349 of 2020) ... Respondent
PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.349 of 2020 pending on the file of the Respondent.
For Petitioner : Mr.G.Ilamurugu For Intervenor : Mr.Prajoy For Respondent : Mrs.M.Prabhavathi, Additional Public Prosecutor O R D E R (The case has been heard through video conference)
The petitioner, who was arrested and remanded to judicial custody on 01.12.2020 for the alleged offence punishable under Section 420 of IPC in Crime No.349 of 2020, seeks bail.
(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 VII Metropolitan Magistrate, George Town, Chennai, and on further conditions that the petitioner is directed to deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) and also furnish the original title deeds of immovable property worth about Rs.10 Lakhs, to the credit of Crime No.349 of 2020 before the Trial Court on or before 29.01.2021;
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
(c) the petitioner, on his release from prison, shall report before the respondent police every day at 10.30.a.m. for a period of two weeks and thereafter, as and when required for interrogation;
(d) the final order in respect of the said deposit shall be passed by the learned Magistrate at the conclusion of trial;
(e) the petitioner shall not commit any offences of similar nature;
(f) the petitioner shall not abscond either during investigation or trial;
(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(h) on breach of any of the aforesaid conditions, the learned Judicial 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 https://hcservices.ecourts.gov.in/hcservices/ 5560];
(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/-
08/01/2021
This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 NO.VII METROPOLITAN MAGISTRATE GEORGE TOWN, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 4 THE INSPECTOR OF POLICE, B-3, FORT POLICE STATION, CHENNAI DISTRICT. 5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S. G.ILAMURUGU Advocate on payment of necessary charges CC to M/S. PRAJOY Advocate on payment of necessary charges Sr.237 CRL OP.20963/2020 Date :08/01/2021 RVR 11/01/2021
2 issues framed by the court
Whether bail should be granted to the petitioner arrested for alleged cheating offence under Section 420 IPC.
What conditions should be imposed for the grant of bail in this matter.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶28
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
Palanisamy
The State
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V. Bharathidasan
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