Mohammed Faruk vs State Rep.By

R.Tharani, J

The petitioner/sole accused, who was arrested and remanded to judicial custody on 06.05.2022, for the offences punishable under Sections 406 and 420 I.P.C. in Crime No.10 of 2022, on the file of the respondent police, seeks bail.

2.The case against the petitioner is that the petitioner redeemed the jewels pledged by the defacto complainant and others and retained the jewels himself and in some cases, he re-mortgaged the jewels with other mortgagors and thereby, cheated the defacto complainant and others. A case was registered against the petitioner in Crime No.10 of 2022, for the offence under Sections 406 and 420 I.P.C.. The petitioner filed a petition for bail in Crl.M.P.No.2448 of 2022, before the Vacation Sessions Judge, Thanjavur District. That petition was dismissed by the Sessions Judge. Hence, the petitioner has filed this petition.

3.On the side of the petitioner, it is stated that already in Crime No.8 of 2022, bail was granted to the petitioner. When the petitioner came out on bail, the case in crime No.10 of 2022 was registered against the petitioner. The petitioner is in custody for the past 25 days and the petitioner is ready to settle the issue before the Mediation and prayed the petitioner to be released on bail.

4.On the side of the intervenor, it is stated that F.I.R was registered on 06.05.2022 and the petitioner was arrested on the same date. The petitioner by making false promise has obtained the jewels from the defacto complainant and other, but, refused to return the jewels. He has committed similar offence, and he has cheated other persons and raise objections to the release of the petitioner.

5.On the side of the prosecution, it is stated that the petitioner is having one previous case and that there is a likelihood of more complaints from many persons and prayed the petition to be dismissed.

6.In view of the submissions made by the learned counsel for the petitioner as well as the learned counsel for the intervenor, it is decided that the petitioner is to be released on interim bail till 27.06.2022.

7.The petitioner and the defacto complainant and others are directed to appear before the Mediation and Conciliation Centre attached to this Court on 13.06.2022 and on further hearing dates.

8.Accordingly, the petitioner is ordered to be released on interim bail on his 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, Thiruvaiyar, and on further conditions that the petitioner shall attend the Mediation regularly without fail and that the petitioner shall surrender before the concern Judicial Magistrate on 27.06.2022.

9.Call on 24.06.2022.