G.Nandhanamangai vs State

C.V.Karthikeyan, J

The petitioner/A1 in Crime No.702 of 2023, registered by the respondent for the offences under Sections 406, 468, 471, 420 r/w 109 of IPC with respect to an occurrence which took place on 01.06.2023, seeks bail. The petitioner had been remanded to judicial custody on 21.12.2023.

2.It is the case of the prosecution that the petitioner/A1 and the other accused had induced the defacto complainant to execute document in their favour and obtained documents related to the title of the property and cheated the defacto complainant by not paying the sale consideration.

3.The defacto complainant has also filed an application seeking to intervene. In the said application, it had been stated that the accused had approached the defacto complainant with a proposal to purchase the house site with building near S.V.Puram, Udumalpet, Tiruppur District. It is stated that the document was executed but consideration of Rs.33,20,000/- though fixed had not been paid. Under those circumstance, the complaint had been lodged.

4.It is stated by the learned Government Advocate (Crl. Side) for the respondent that there are several other individuals who also have similar grievances as against the accused and there are applications which are pending investigation under Section 156(3) of Cr.P.C., before the Judicial Magistrate, Tiruppur, on the complaints filed by those petitioners. In the present FIR in Crime No.702 of 2023, the accused/A1 had filed an undertaking affidavit before this Court wherein he had stated as follows:

“3.I further submit that I will undertake to pay the amount of Rs.32,00,000/- (Thirty Two Lakhs) to the defacto complainant within the period of 30 days from date of my release if I enlarged on bail. To that effect, I have filed this affidavit, kindly record my affidavit.”

5.The learned Government Advocate (Crl. Side) for the respondent also stated that this arrangement made by the accused/petitioner herein to pay a sum of Rs.32,00,000/- to the defacto complainant is without prejudice to the respondent, if directions are received to register further case against the accused and without prejudice to any other claimants or complainants who also seek similar relief.

6.It is made clear that this arrangement is only with respect to the allegations made by P.Ramakrishnan S/o. Ponnusamy, the defacto complainant and not with respect to any other complaints which will have to be examined independently by this particular arrangement.

7.Taking this affidavit on record and without examining the facts as of now, I am inclined to grant interim bail alone to the petitioner herein till 12.03.2024 with certain conditions:

[a] the petitioner is ordered to be released on interim 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 Judicial Magistrate No.I, Udumalpet, and on further conditions that: -

[b] 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.

[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders.

[d] the conduct of the petitioner would be further re-examined on 13.03.2024 when the matter is to be listed again to examine whether he had complied with his undertaking to pay a sum of Rs.32,00,000/- to the defacto complainant.

[e] the petitioner is directed to surrender before the Judicial Magistrate No.I, Udumalpet on 12.03.2024.

[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 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].

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

8.It is only natural that if the petitioner herein makes payment of Rs.32,00,000/- should return back the cheques and the pro-notes which the defacto complainant had handed over, if available with them. At any rate, that issue can again be addressed on 13.03.2024.

9.Post the matter on 13.03.2024 under the caption for “reporting compliance”.