Sudhakar vs State

@JUDGEMENTTAG- JUDGEMENT

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 17.02.2024 for the alleged offence under Sections 406, 420, 468, 471 r/w 465, 473 I.P.C, in Crime No.01 of 2024 on the file of the respondent police, seeks bail.

The case of prosecution is that the petitioner along with other accused instigated the de facto complainant to deposit Rs.65,000/- to the first accused, petitioner herein for getting Government job and had cheated him by issuing a fake appointment order. Hence the case.

Learned counsel appearing for petitioner submitted that the petitioner is an innocent person and he is no way connected with the offence and he has not committed any of offence as alleged by the respondent. He also submitted that the petitioner is ready to abide by any condition that may be imposed by this court. He further submitted that the petitioner has been suffering incarceration from 17.02.2024 and the similarly placed co-accused has been granted bail by this Court in Crl.O.P.No.8232 of 2024 dated 02.04.2024. He also submitted that the petitioner, to show his bonafide, is prepared to deposit/pay some considerable amount, without prejudice to his rights and contentions, Hence, he prayed to grant bail to the petitioner.

Learned Government Advocate (Crl. Side) appearing for respondent would submit that there are totally three accused in this case and the petitioner is arrayed as A1. He further submitted that the petitioner along with other accused cheated the de facto complainant and seven other victims to the tune of Rs.6,21,500/- under the pretext of gettingthem Government job and they have also issued a fake appointment order to the victims. He also submitted that the third accused is still absconding and whereas, the investigation in respect of the petitioner is almost completed, however, he vehemently opposed to grant bail to the petitioner.

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

Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel for the petitioner and considering the fact that the co-accused has been granted bail by this Court, 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) as non-refundable deposit to the credit of Crime No.01 of 2024 within a period of two weeks from today, and on such deposit, 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 (out of which, one shall be the blood related surety), each for a like sum to the satisfaction of the learned Judicial Magistrate, Mettupalayam, 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 every alternate day at 10.30 a.m. for the period of three months and thereafter, as and when required for interrogation ;

(c) the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees one lakh only) as non-refundable deposit to the credit of Crime No.01 of 2024, before the learned Judicial Magistrate, Mettupalayam, and on such deposit, the trial Court shall disburse the same to the victims on filing appropriate undertaking affidavit ;

(d) the petitioner shall file an affidavit before the satisfaction Court stating that he will not run the training centre until completion of trial;

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

(f) the petitioner shall not abscond either during investigation or trial;

(g) 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;

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