V.N.Jayakanth vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 23.11.2022 for the alleged offences punishable under Sections 406, 420 r/w 34 I.P.C., in CCB Crime No.204 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that this is the case of job racketing. The defacto complainant is working in a private company viz., Bahwan Cyber Ter and he met the petitioner, who is running a monthly magazine by name “Athiradi Kural” in his company premises. However, he said to have demanded a sum of Rs.5,00,000/- to secure a job in Aavin as Deputy Manager. Believing his words, the defacto complainant paid the said amount on various dates, but he failed to secure a job. When he demanded to return the amount, he evaded repayment, thereby cheated the defacto complainant. Hence, the complaint.

The learned counsel for the petitioner submitted that this is the second petition seeking for bail and there was a civil transaction between them in order to improve his business, the petitioner sought financial help from him and some others. He would also submit that due to Covid-19 pandemic, he unable to repay the amount and he took some time and thereafter, on 12.07.2021, the petitioner repaid a sum of Rs.5,00,000/- to the defacto complainant and there is no due amount to him and to that effect, he enclosed the receipt for payment in the typed set of papers. 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 42 days from 23.11.2022. On instruction, he would further submit that without prejudice to his right and contentions, he is prepared to deposit/pay some considerable amount. Accordingly, 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.57,15,000/- from the defacto complainant and others on giving a false promise that he would get a job in Aavin, however, he has settled the amount of Rs.5 lakhs to the defacto complainant. He would submit that so far 158 complaints were received. 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.

On seeing the facts, learned Government Advocate submitted that so far, the respondent police received nearly about 158 complaints against the petitioner and more than a sum of Rs.57,15,000/- was involved in this case. However, today when the matter taken up for hearing, the learned counsel for petitioner submitted that without prejudice to his right and contentions, he is ready to deposit a sum of Rs.20,00,000/-. On considering his submissions and also 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.20,00,000/- (Rupees twenty lakhs only) into the credit of CCB Crime No. 204 of 2022 within a period of four weeks from the date of release, failing which, suitable order will be passed on the next date of hearing i.e. on 08.02.2023 and on such deposit, the trial court may disburse the amount to the concerned victims by getting an undertaking affidavit as per manner known to law. Therefore, 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 Metropolitan Magistrate for exclusive trial of CCB cases at Egmore, 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 appear before the respondent police daily at 10.30 a.m. for the period of four weeks.

(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 08.02.2023.