Pichandi vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 09.11.2022 for the alleged offences punishable under Sections 406 and 420 I.P.C., in Crime No.8 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that when the defacto complainant went to Loyola College for his son's college admission, wherein he met the petitioner and become friends. Thereafter, on the representation of the petitioner, he himself and 6 others gave a sum of Rs.72,00,000/- to the petitioner for getting a job in railway and issued forgery appointment orders to three persons. When it was questioned by him, he returned a sum of Rs.10,00,000/- and he promised to pay the balance sum of Rs.62,00,000/- by monthly, but he evaded repayment, thereby cheated the defacto complainant. Hence, the complaint.

The learned counsel for the petitioner submitted that being a Government Teacher, the petitioner was falsely implicated in this case for the reason that he was closely related with A1. He would submit that he is no way connected with the offence and he has not at all committed any offence as alleged by the respondent police. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 39 days from 09.11.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that this is case of job racketing. He would submit that the petitioner had received a sum of Rs.72,00,000/- from the defacto complainant and 6 others on giving a false promise that he would get a job in railways. He would submit that the investigation is almost completed and if he is released on bail, he would hamper the investigation and tamper the witnesses Hence, he strongly opposed to grant bail to the petitioner.

Considering the fact that the investigation is almost completed, and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.5,00,000/- (Rupees five lakhs only) into the credit of Crime No. 8 of 2022 within a period of three weeks from the date of receipt of copy of this order and the amount may be disbursed to the victims by getting an undertaking affidavit by the trial court as per manner known to law.

On such deposit, the petitioner is ordered to be released on bail on his executing 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 No.I, Poonamallee, 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 appear before the respondent police on every Tuesday and Sunday at 10.30 a.m. for the period of four months and also he shall appear before the trial court for every hearings regularly without fail.

(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 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]; and;

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

Post the matter for reporting compliance on 20.01.2023.