Sundar Ganesh vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 16.09.2022 for the alleged offence under Sections 406, 420, 465, 467, 468, 471, 120(B), r/w 34 I.P.C. in CCB Crime No.112 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that the petitioner along with other accused colluded together representing non-existing companies viz., FESA Industries Pvt. Ltd. and Fedele Express Line Pvt. Ltd., thereby made the defacto complainant to provide services by investing money for good returns. Believing their words, the defacto complainant paid a sum of Rs.4,26,07,438/- for the shipment of cargo, for which the accused persons said to have issued cheques to the tune of Rs.4,33,70,990/-. However, it is alleged that there was no shipment of charge and the documents furnished by the accused are forged. Hence, the complaint.

The learned counsel appearing for petitioner submitted that he has been implicated on the confession of co-accused and he was working only as a Manager in the accused company. He would submit that he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition imposed by this court. He would also submit that the petitioner has been suffering incarceration for more than 86 days from 16.09.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 19 accused involved in this case and this petitioner is arrayed as A18. He would submit that he worked as a Manager in M/s.GPR Resources Pvt. Ltd. at Tuticorin and he was a Director of the fake company viz., M/s. Trasun Logistic, a non-existing company. He would submit that one previous case pending against the petitioner similar in nature. He would also submit that investigation is pending and co-accused are yet to be secured and the documents related to this crime are yet to be collected. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. Hence, he would vehemently opposed to grant bail to the petitioner.

Considering the fact that the investigation is almost completed, and 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.1,00,000/- (Rupees One Lakh Only) to the credit of CCB Crime No.112 of 2022 within a period of three weeks from the date of receipt of copy of this order and on such deposit, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned Metropolitan Magistrate for exclusive trial of CCB Cases and CBCID Metro Cases, Egmore, Saidapet, Chennai, 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 Wednesday at 10.30 a.m. for the period of six 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.