J.Viyagappan vs State

A.A.Nakkiran, J

The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 20.09.2022 for the offences punishable under Sections 406, 420, 468 and 471 of IPC, in Crime No.428 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused received a sum of Rs.1,53,70,000/- from the de-facto complainant and 20 various person by assuring that they would arrange government job in various departments. Thereafter, failed to secure the job and repay the amount. Hence, the complaint.

3.The learned counsel for the petitioner would submit that this is the petitioner's third bail application and the earlier two applications were dismissed by this Court in Crl.O.P(MD) Nos.17814 and 18554 of 2022, dated 06.10.2022 and 19.10.2022. He would further submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution and he is in judicial custody from 20.09.2022. However, he would further submit that the petitioner shall abide any condition imposed by this Court. Hence, he may be released on bail.

4.The learned Additional Public Prosecutor appearing for the https://wwwrespondent.mhc.tn.gov.in/judis police would submit that it is a case of job racketing and more than one and a half crore has been involved in this case and A2 and A3 are yet to be secured. He would further submit that this is the third bail application and the earlier two applications were dismissed by this Court on 06.10.2022 and 19.10.2022. He would further submit that nine witnesses have been examined and the investigation is pending. Hence, he strongly opposed for grant of bail to the petitioner.

5.Considering the submissions made by the learned counsel on either side and also considering the period of incarceration and also the fact that nine witnesses have already been examined, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 Judicial Magistrate Court, Tenkasi, Tenkasi District.

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii) the petitioner is directed to deposit the original sale deed to the tune of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of Crime No.428 of 2021 before the learned Judicial Magistrate Court, Tenkasi, Tenkasi District, without prejudice to his rights and contentions before the trial Court, while executing sureties;

(iii)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial.

(vi)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].