Crl.O.P.No.

31879 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

Crl.O.P.No.31879 of 2022

V.N.Jayakanth,
S/o.Nagarajan .. Petitioner
Vs.

State represented by
The Inspector of Police,
Job Racket Wing, Team-IX,
Central Crime Branch,
Egmore, Chennai.
(CCB Crime No.204 of 2022) .. Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of

Cr.P.C. praying to enlarge the petitioner on bail in CCB Crime No.204 of

2022 on the file of respondent police.

For Petitioner : Mr.D.Rajagopal

For Respondent : Mr.S.Vinoth Kumar

Govt. Advocate (Crl. Side)

For Intervenor : Mr.M.Naresh Babu

1/8

https://www.mhc.tn.gov.in/judis
 Crl.O.P.No.31879 of 2022

ORDER
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.

2. 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.

3. 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
2/8

https://www.mhc.tn.gov.in/judis
 Crl.O.P.No.31879 of 2022

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.

4. 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

3/8

https://www.mhc.tn.gov.in/judis
 Crl.O.P.No.31879 of 2022

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.

5. 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.

6. Accordingly, the petitioner is directed to deposit a sum of

Rs.20,00,000/- (Rupees twenty lakhs only) into the credit of CCB Crime
4/8

https://www.mhc.tn.gov.in/judis
 Crl.O.P.No.31879 of 2022

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;

5/8

https://www.mhc.tn.gov.in/judis
 Crl.O.P.No.31879 of 2022

(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.

7. Post the matter for reporting compliance on 08.02.2023.

05.01.2023
rpp

To

1. Metropolitan Magistrate for exclusive trial

of CCB Cases at Egmore, Chennai.

6/8

https://www.mhc.tn.gov.in/judis
 Crl.O.P.No.31879 of 2022

2.The Inspector of Police, Job Racket Wing,

Central Crime Branch, Egmore, Chennai.

3. The Superintendent of Prison,

Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras

T.V.THAMILSELVI,J.

rpp

7/8

https://www.mhc.tn.gov.in/judis
 Crl.O.P.No.31879 of 2022

Crl.O.P.No.31879 of 2022

05.01.2023

8/8

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