The High Court of Madras granted bail to two petitioners arrested in the same cheating case. The interim bail granted earlier was made absolute subject to conditions including executing a bond with sureties and complying with investigation requirements.
Bail granted by making the interim order dated 28.01.2022 absolute subject to specific conditions.
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: 13.04.2022
CORAM:
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.Nos.640 and 661 of 2022
In Crl.O.P.No.640 of 2022
Venkatachalam ...Petitioner
Vs. 1. State rep. by ... Respondents The Inspector of Police, Anti Land Grabbing Special Cell-II, Central Crime Branch Police Station, Team-XXV, Veppery, Chennai, (Crime No.122 of 2021
(Suo-motu, impleaded as per order Crl.O.P.No.640 and 661 of 2022 and Crl.O.P.No.25383 of 2021 dated 20.01.2022)
PRAYER : Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail, in Crime No. 122 of 2021 on the file of the Respondent police.
For Petitioner : Mr. R.Sasikumar For Respondent 1 : Mr.S.Santhosh (Government Advocate Crl. Side) For Respondent 2 : Mr.P.R.Murugan Raja (Government Advocate for R2)
In Crl.O.P.No.661 of 2022
Ayyanar ...Petitioner Vs. 1. State rep. by ... Respondents The Inspector of Police, Central Crime Branch Anti Land Grabbing Special Cell -II Team-XXV, Vepery, Chennai – 600007. 2. The Sub Registrar, Pallavaram (Suo-motu, impleaded as per order Crl.O.P.No. 640 and 661 of 2022 and Crl.O.P.No. 25383 of 2021 dated 20.01.2022)
PRAYER : Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail, in Crime No. 122 of 2021 on the file of the Respondent police.
For Petitioner : Mr.S.Mohanraj For Respondent 1 : Mr.S.Santhosh (Government Advocate Crl. Side) For Respondent 2 : Mr.P.R.Murugan Raja (Government Advocate for R2)
COMMON ORDER
(The case has been heard through video conference)
The petitioner in Crl.O.P.No.640 of 2022 was arrested and remanded to judicial custody on 07.12.2021 for the offences under Sections 417, 419, 465, 467, 468 & 471 IPC read with 34 of IPC, in Crime No. 122 of 2021, on the file of the respondent police, seeks bail.
The petitioner in Crl.O.P.No.661 of 2022, was arrested and remanded to judicial custody on 07.12.2021 for the offences under Sections 34, 417, 419, 465, 467, 468 & 471 IPC, in Crime No. 122 of 2021, on the file of the respondent police, seeks bail.
(a) the petitioners shall execute separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tambaram ;
(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 petitioners are directed to report before the Investigation Officer as and when required;
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) 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];
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
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 JUDICIAL MAGISTRATE, NO.I, TAMBARAM, CHENNAI.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION]
3 THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL-II, CENTRAL CRIM E BRANCH POLICE STATION, TEAM-XXV, VEPPERY, CHENNAI. CRIME NO.122/2021
4 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH ANTI LAND GRABBING SPECIAL CELL -II TEAM-XXV,VEPERY, CHENNAI – 600007. 5 THE SUB REGISTRAR, PALLAVARAM. 6 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI. 7 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. Copy To: THE DISTRICT REGISTRAR PALLAVARAM
CC to M/S R.SASIKUMAR Advocate on payment of necessary charges +1 CC to M/S.S.MOHANRAJ, Advocate on payment of necessary charges SR.NO.5694
CRL OP.640 & 661/2022 Date :13/04/2022
TA-20/04/2022
1 issue framed by the court
Whether to grant bail to the petitioners in the said offences.
Colour shows how this judgement treated each authority
P.K. Shaji vs. State of KeralaExplained¶29
_P.K.Shaji vs. State of Kerala_ [(2005)AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
Venkatachalam
Ayyanar
State rep. by The Inspector of Police
The Sub Registrar, Pallavaram
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
