Ilamurugu v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Ilamurugu ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, Uthukottai Police Station, Thiruvallur District.
... Respondent [Crime No.839 of 2023 ] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused, in Crime No.839 of 2023 on the file of the respondent police. For Petitioner : Mr.D.Bennington For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate [Criminal side] 1/6
ORDER
The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 294(b), 420 and 506(ii) of Indian Penal Code, 1860, in connection with the case in Crime No.839 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner has posed himself as an officer of National Investigation Agency, and on the promise of obtaining Government Job to the defacto complainant received a sum of Rs.3,00,000/- from him. Hence the case.
3. Learned counsel for the petitioner would submit that the petitioner was earlier arrested in a similar case November-2024 and released on default bail in January-2025; that the respondent did not choose to arrest in this case; that the alleged occurrence took place in the year 2021, the allegations are false and in any case, the custodial interrogation of the petitioner is not required and hence prayed to grant anticipatory bail to the petitioner. 2/6
4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and confirmed the facts that the alleged occurrence took place in the year 2021 and the complaint was lodged on 13.12.2023 and also confirmed that he was arrested and was in custody in the another similar case for the period of 60 days.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the nature of allegations against the petitioner, since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif Cum 3/6
Judicial Magistrate, Uthukottai, 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 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 Aadhar card or Bank pass Book to ensure their identity. [c] the petitioner shall report before the respondent police everyday 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 4/6
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 abscond, a fresh FIR can be registered under Section 269 B.N.S.
10.02.2025 dsn To 1.The District Munsif Cum Judicial Magistrate, Uthukottai.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Uthukottai Police Station, Thiruvallur District. 5/6
SUNDER MOHAN.
J., dsn 10.02.2025 6/6