Manavalan And Others vs State

A.D.Jagadish Chandira, J

The petitioners, who were arrested and remanded to judicial custody on 05.10.2022 for the offences punishable under Sections 406, 420, 109, 120B, & 506(ii) of IPC, in Crime No.29 of 2022, on the file of the respondent police, seek bail.

The case of the prosecution as per the de-facto complainant Arumugam is that the first accused along with his family members were running grocery shop and they have been conducting unregistered chit for the past 15 years and that the de-facto complainant and several other persons believing the accused, have invested heavy amounts and they have been cheated by the accused to the tune of Rs.1,37,60,900/-. Hence the case.

Learned counsel appearing for the petitioners submitted that the first petitioner, who is the business man, along with his family have running a grocery shop for several years and he used to borrow money from several persons for their business and during covid, they sustained severe loss in the business and they were unable to repay the amount to the creditors, thereby, he had filed an I.P.No.1 of 2022 to declare him insolvent and have also included the name of the de-facto complainant as well as the name of the other creditors as respondents in the IP application and also, the first petitioner without suppressing the facts have disclosed all the list of properties in his name and in the name of his family members. She further submitted that in order to recover money from the relatives of the petitioners, the case has been registered as against the petitioners, whereas, the second petitioner, who is none other than the son-in-law of the first petitioner, has no role to play and he has not at all involved in the business of the first petitioner. She further submitted that the petitioners were arrested on 05.10.2022 and they were in custody for more than 50 days and they are ready to comply with any stringent conditions that may be imposed by this Court. Hence, she prayed to grant bail to the petitioners.

The Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioners along with their family members had cheated the de-facto complainant and several other victims in the guise of an un-registered chit to the tune of Rs.1,37,60,900/-. Hence, he opposed to grant bail to the petitioners.

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

Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Tindivanam, 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 petitioners shall report before the respondent Police everyday at 10.30 a.m., for a period of four weeks and thereafter, every Saturday at 10.30a.m., until further orders;

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

[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 Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.