Mathiyazhagan @ Mathi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.1331 OF 2022 Mathiyazhagan @ Mathi .. Petitioner

Versus

The State rep by The Inspector of Police, D.C.B. Nagapattinam, Nagapattinam District.

(Crime No.9 of 2021) .. Respondent PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on Anticipatory Bail in the event of arrest in connection with the case in Crime No.9 of 2021 on the file of the Inspector of Police, D.C.B. Nagapattinam District.

For Petitioner : Mr.D.Arun For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 465, 468 & 477 of IPC in Crime No.9 of 2021 pending on the file of the respondent police seeks anticipatory bail. 2.The case of the prosecution is that the petitioner demanded a sum of Rs.8 Lakhs from the defacto complainant for the purpose of getting Government Job. Further, the defacto complainant paid a sum of Rs.2,66,000/- in various dates. After receiving an interview letter, the defacto complainant scrutinised the same, he knew that it is a forged one and the petitioner had fraudulently cheated the defacto complainant. So, immediately enquired the petitioner and in turn he returned a sum of Rs.30,000/- and balance amount has not paid till date. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel, on

instructions, would further submit that the petitioner, without prejudice to his rights, is ready to deposit the amount of Rs.1,20,000/- to the credit of the crime number. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner had received the money from the defacto complainant and cheated him. He further submitted that the investigation is almost completed. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed and the petitioner is ready and willing to deposit a sum of Rs.1,20,000/- to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand only) to the credit of Crime No.9 of 2021, within a period of two weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate Court No.1, Nagapattinam, Nagapattinam District, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioner shall deposit a sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand only) to the credit of Cr.No.9 of 2021 before the learned Judicial Magistrate Court No.1, Nagapattinam, within a period of fifteen (15) days from the date on which, the order copy was made ready. On such deposit being made, the learned Judicial Magistrate Court No.1, Nagapattinam, shall obtain an affidavit of undertaking from the defacto complainant stating that in the event of the petitioner succeeding the case, the amount of Rs.1,20,000/- deposited by the petitioner to the credit of Cr.No.9 of 2021 will be returned to the petitioner and after obtaining such affidavit of undertaking from the defacto complainant, shall disburse the said amount to the defacto complainant within a period of two weeks thereafter;

[b] 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 Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioner is directed to appear before the respondent police on every Saturday at 10.30 a.m., until further orders. . [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 24/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, NAGAPATTINAM, NAGAPATTINAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM DISTRICT.[FOR INFORMATION] 3 THE INSPECTOR OF POLICE, D.C.B. NAGAPATTINAM, NAGAPATTINAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.ARUN Advocate on payment of necessary charges CRL OP.1331/2022 Date :24/01/2022 RW 03/02/2022