Single judge allowed bail to the petitioner in a cheating case involving job racketing. The court observed the petitioner introduced others who cheated multiple victims, investigation was nearing completion, and no antecedents existed.
Petitioner released on bail with two sureties upon executing a bond for Rs. 10,000 and complying with specified conditions.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.03.2021
CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.3098 of 2021
Devan @ Devaraj ... Petitioner
Vs.
State by The Inspector of Police, Conventional Crime, Team XIX, Central Crime Branch, Chennai. (Crime No.310 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.310 of 2020 on the file of Respondent police.
For Petitioner : Mr.R.Muthukumar
For Respondent : Mrs.M.Prabhavathi, Addl. Public Prosecutor O R D E R
(The case has been heard through video conference)
Totally, there are five accused and the petitioner is arrayed as A4. The petitioner, who was arrested and remanded to judicial custody on 08.01.2021 for the offence punishable under Sections 420, 465, 468, 471 of I.P.C. in Crime No.310 of 2020 on the file of respondent police, 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 CCB & CBCID, Metropolitan Magistrate Court, Egmore, Chennai and on further conditions that:
(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, after his release from prison, report before the respondent daily at 10.30 a.m. for the period of two weeks and thereafter as and when required for interrogation;
(d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial; https://hcservices.ecourts.gov.in/hcservices/
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) 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 5560];
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 7. With the above directions, this Criminal Original Petition is ordered. -sd/08/03/2021 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 THE CCB & CBCID METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI. 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 5 THE INSPECTOR OF POLICE, CONVENTIONAL CRIME, TEAMXIX, CENTRAL CRIME BRANCH,CHENNAI.
+1CC to M/S.R.MUTHUKUMAR Advocate on payment of necessary charges SR NO.2915
MK:09/03/2021
1 issue framed by the court
Whether the petitioner should be granted bail in a cheating case pending investigation where the petitioner introduced others and collected money for them.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶24
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
V. BHARATHIDASAN
As recorded by the court registry
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