Mahendra Singh Rajguru vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 22.10.2022 for the offences punishable under Sections 408, 420 and 120(B) of IPC in Crime No.185 of 2022 on file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner conspired along with other accused and using A1 who was working under the defacto complainant, borrowed gold jewels in the name of the defacto complainant from his suppliers weighing 15547.884 grams and subsequently the same has been shared among the accused and thereby, cheated the defacto complainant. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner, who is arrayed as A5, is third party to the transaction and he has not aware of the alleged offence. He further submitted that he has been in custody from 22.10.2022 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4.The learned Government Advocate (Crl.Side) for the respondent submitted that the petitioner had conspired along with other accused and cheated the defacto complainant by borrowing gold jewels in his name from his suppliers weighing 15547.884 grams. He further submitted that the investigation is almost completed. However, he opposed for grant of bail to the petitioner.

5.At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice his rights, on his own volition, is ready and willing to contribute some amount to any charitable trust as may be directed by this Court and he prays to grant bail to the petitioner.

6.Heard the learned counsel for the petitioner as well as the learned Government Advpcate (crl.side) for the respondent and perused the entire materials available on record.

7.Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the petitioner has prepared to deposit Rs.1,00,000/- to any welfare scheme of the Government, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only) to the credit of Crime No.185 of 2022 and on such deposit and production of proof, the petitioner is ordered to be released on bail on condition that he is executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, out of which, one must be a blood relative surety, each for a like sum to the satisfaction of learned Judicial Magistrate No.V, Coimbatore 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 on alternative days at 10.30 a.m., for a period of two months;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;