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    of 4

    CRL OP(MD). No.

    3827 of 2023

    BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

    ( Criminal Jurisdiction )

    Date : 03/03/2023

    PRESENT

    The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

    CRL OP(MD). No.3827 of 2023

    Murugesan, ... Petitioner/Accused No.3

    Vs
    State Rep.by
    The Inspector of Police,
    Dcb Police Station,
    Virudhunagar District.
    Crime No.18 of 2021. ... Respondent/Complainant

    Dhanalakshmi ...Intervener/Defacto Complainant


    in Crl MP(MD)No. 3785/2023

    For Petitioner : M/s.Mareeskumar E,Advocate.


    For Respondent : Mr.T.Senthilkumar,
    Additional Public Prosecutor

    For Intervenor : Mr.Poornachandran,Advocate


    in Crl MP(MD)No. 3785/2023

    PETITION FOR BAIL Under Sec.439 of Cr.P.C.


    PRAYER :-

    For Bail in Cr.No.18 of 2021 on the file of the Respondent


    Police.

    ORDER : The Court made the following order :-

    The petitioner/A3, who was arrested and remanded to judicial


    custody on 10.01.2023 for the offence punishable under Sections 409,
    420, 465, 468, 471 and 506(i) IPC in Crime No.18 of 2021, on the
    file of the respondent police, seeks bail.

    2.The case of the prosecution is that the de-facto complainant


    is running a wholesale business of Dal and Grams at Virudhunagar.
    The petitioner and other accused have approached the de-facto
    complainant and introduced themselves as employees of Central
    https://www.mhc.tn.gov.in/judis

    1/4
    CRL OP(MD). No.3827 of 2023

    Government working in Kishan Ration Shop run by the Government of


    India and induced the de-facto complainant to supply pulses for
    Government and believing the same, the de-facto complainant had
    supplied goods to the tune of Rs.5,01,07,400/- and the accused have
    repaid a sum of Rs.2,15,00,000/- and they have failed to repay the
    balance amount of Rs.2,86,07,400/-. When the de-facto complainant
    demanded the balance amount, the accused threatened the de-facto
    complainant and her husband. Hence, the case.

    3.The learned counsel appearing for the petitioner would submit


    that the petitioner is an innocent and that a case of business
    transaction has been falsely projected as a case of cheating. He
    would further submit that the petitioner is the employee of A1 and
    A2 and A1 and A2 were having business dealing with the de-facto
    complainant. During the course of business, the de-facto complainant
    had supplied goods to the tune of Rs.5,01,07,400/- and they have
    also repaid Rs.2,15,00,000/- and Rs.2,86,07,400/- was due, whereas,
    instead of taking request to a civil suit for recovery of the
    amount, the de-facto complainant has projected as a case of cheating
    and they got a case registered. He would further submit that A1 and
    A2 were arrested and they have been released on bail and the other
    accused was released on statutory bail. He would further submit that
    petitioner is in custody from 10.01.2023. He would further submit
    that the petitioner's relative has got a property worth of
    Rs.10,00,000/- and that the petitioner, to show his bona fides, is
    ready and willing to deposit the original title deeds of immovable
    property worth of Rs.10,00,000/- belonging to his relative to the
    credit of Crime No.18 of 2021 before the learned Magistrate at the
    time of execution of sureties. Hence, he would seek for bail.

    4.The learned Additional Public Prosecutor appearing for the


    respondent would submit that the petitioner along with the other
    accused have introduced themselves as the employees of Central
    Government of India and that they were authorised to purchase pulses
    for Kishan Ration Shop run by the Government of India and believing
    the words, the de-facto complainant had supplied goods to the tune
    of Rs.5,01,07,400/-, whereas, they have cheated by not paying the
    balance amount of Rs.2,86,07,400/-. Hence, he would oppose for grant
    of bail.

    5.The learned counsel for the intervenor would vehemently


    oppose for grant of bail stating that it is a case where the accused
    have introduced themselves as the employees of Central Government of
    India and they have induced the de-facto complainant to supply goods
    and later, cheated him.

    6.Heard. Perused the materials available on record including


    the First Information Report.

    7.Taking into consideration of the facts and submissions made


    by the learned counsels and that the petitioner, to show his bona
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    2/4
    CRL OP(MD). No.3827 of 2023

    fides, is ready and willing to deposit original title deeds of


    immovable property worth of Rs.10,00,000/- belonging to his relative
    to the credit of Crime No.18 of 2021 before the learned Judicial
    Magistrate No.II, Virudhunagar, this court is inclined to grant bail
    to the petitioner, subject to the following conditions:

    [a] Accordingly, the petitioner is ordered to be released on


    bail on condition to execute 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 No.II, Virudhunagar,
    and on further conditions that:

    [b] 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.

    [c] at the time of executing sureties, the petitioner shall


    deposit the original title deeds of immovable property worth of
    Rs.10,00,000/- (Rupees Ten Lakhs Only) belonging to his relative to
    the credit of Crime No.18 of 2021 before the Judicial Magistrate
    No.II, Virudhunagar. Thereafter, only the learned trial Judge shall
    accept the sureties furnished by the petitioner.

    [d] the petitioner shall report before the respondent police


    daily at 10.30 A.M., until further orders.

    [e] the petitioner shall not commit any offences of similar


    nature.

    [f] the petitioner shall not abscond either during investigation


    or trial.

    [g] the petitioner shall not tamper with evidence or witness


    either during investigation or trial.

    [h] On breach of any of the aforesaid conditions, the learned


    Judicial 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].
    [i] If the accused thereafter absconds, a fresh FIR can be
    registered under Section 229A IPC.
    sd/-
    03/03/2023
    / TRUE COPY /
    03/03/2023
    Sub-Assistant Registrar (C.S.)
    Madurai Bench of Madras High Court,
    https://www.mhc.tn.gov.in/judis Madurai - 625 023.

    3/4
    CRL OP(MD). No.3827 of 2023

    SJI

    TO

    1 THE JUDICIAL MAGISTRATE NO.II,


    VIRUDHUNAGAR.

    2 DO-THROUGH :
    THE CHIEF JUDICIAL MAGISTRATE,
    VIRUTHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

    3 THE OFFICER INCHARGE,


    SUB JAIL, VIRUDHUNAGAR.

    4 THE INSPECTOR OF POLICE


    DCB POLICE STATION, VIRUDHUNAGAR DISTRICT.

    5 THE ADDITIONAL PUBLIC PROSECUTOR,


    MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

    +1 CC to M/s.E.MAREESKUMAR, Advocate ( SR-3363[I] dated 03/03/2023 )

    ORDER
    IN
    CRL OP(MD) No.3827 of 2023
    Date :03/03/2023
    PKP/SBN/SAR- /03.03.2023/ 4P/7C

    https://www.mhc.tn.gov.in/judis

    4/4

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