S.Srimathy, J
1. The Court made the following order :-The petitioner/A2, who was arrested and remanded to judicial custody on 01.07.2024 for the offences punishable under Sections 406, 420 and 506(ii) of IPC (Correspondent Sections 316(2), 318(4) and 61 of BNS, 2023) and Section 5 of Tamil Nadu Protection of Interest of Depositors Act, (Financial Establishment) Act, 1997, in Crime No.03 of 2011 on the file of the respondent Police, seeks bail.
2.The case of the prosecution is that the petitioner along with other accused persons have started a financial institution in the name of Green Life Finance and published propaganda on various plan schemes, by believing the said schemes, totally there are 1112 depositors deposited their deposit in the said Company, thereafter, a sum of Rs.12,65,65,420/- were not returned to the depositors. Further, the petitioner along with other accused persons have cheated the depositors. Hence, the case was registered.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 01.07.2024. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the petitioner has five previous cases, which are similar in nature. He further submitted that A1 is absconding and he is the brother of the petitioner. He further submitted that the trial is not yet commenced. However, he vehemently objected for grant of bail to the petitioner.
5.Per contra, the learned counsel appearing for the petitioner submitted that the petitioner was granted bail in the previous cases.
6. Taking into consideration of the facts and circumstances of the case and considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
7. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned II Additional District Judge (CBI Cases), Mdaurai, and on further conditions that :-
[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;
[b] the petitioner shall appear before the learned II Additional District Judge (CBI Cases), Madurai, daily at 10.30 a.m., and on all hearing dates, until further orders. If the petitioner fails to appear before the trial Court even for a single day, the bail granted by this Court will be automatically considered for cancellation;
[c] the petitioner shall not tamper with the 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 is 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
8.The learned II Additional District Judge (CBI Cases), Madurai, is advised to split up the case in C.C.No.06 of 2019 in respect of the petitioner. Further, the government is directed to appoint Special Public Prosecutor in the present case.
