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Madras High CourtCRL OP/3897/2022granted

Muniraj @ Soodapatti Muniraj v. The State Rep By Its

2022-02-28Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.3897 of 2022 MUNIRAJ @ SOODAPATTI MUNIRAJ [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] INSPECTOR OF POLICE, KRISHNAGIRI TOWN POLICE STATION, KRISHNAGIRI (CRIEM NO.364/2021) For Petitioner : M/S C.PRABAKARAN Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offences under Sections 489(A), 489(B), 489(C) & 420 of Indian Penal Code Act in Crime No.364 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. It is alleged that the petitioners herein along with 12 others have involved in cheating the public by promising the magic vessel which is popularly called "Rice pulling" and have cheated several crorers of rupees and the investigation has been completed and the respondent police has recovered Rs.4 lakhs, fake currencies, 5 cars and one two wheeler.

3. The counter affidavit filed by the respondent police would reveal the fact that other accused except A13 were granted anticipatory bail.

4. In view of the above, this Court is inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall stay at Vellore and report before the Vellore Town Police daily for a period of 30 days and co-operate for investigation.

5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate Court No. I, Krishnagiri on condition that the petitioner shall execute a bond for a sum of Rs.

1,00,000/-each (Rupees One Lakh 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 and on further condition that: (a)the petitioner and the sureties shall affix his photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall not tamper with evidence or witness either during investigation or trial; (c)the petitioner shall report before the Vellore Town Police daily at 10.00 a.m., for a period of 30 days and thereafter as and when required for interrogation.

(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 has 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 28/02/2022 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,KRISHNAGIRI 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI(FOR INFORMATION) 3 INSPECTOR OF POLICE, KRISHNAGIRI TOWN POLICE STATION, KRISHNAGIRI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, VELLORE TOWN POLICE STATION, VELLORE.

CC to M/S C.PRABAKARAN Advocate on payment of necessary charges SR.NO.3080 CRL OP.3897/2022 Date :28/02/2022 RVR 04/03/2022