Devu vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 31.12.2022 for the alleged offences punishable under Sections 406, 420 of IPC, in Crime No.938 of 2022 on the file of the respondent Police, seeks bail.

The case of the prosecution as per the de-facto complainant is that the accused has fraudulently cheated the de-facto complainant by stating that he has obtained gold ornaments at the time of digging his land and sold the fake jewels to him for a sum of Rs.1 lakh. Hence the case.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the de-facto complainant has lodged a false complaint as against the petitioner and the petitioner is in custody from 31.12.2022. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner has cheated the de-facto complainant by selling the fake ornaments and has obtained a sum of Rs.1 lakh. He also submitted that investigation has almost been completed and the amount has also been recovered from the accused. However, he vehemently opposed for grant of bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel and also taking note of the period of incarceration and also considering the fact that the amount has also been recovered, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which, one should be the blood surety, who should produce document to show his/her means), each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Mailaduthurai District, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period two months and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] 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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.