Dinesh v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Nineteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.4182 of 2021 DINESH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MALLUR POLICE STATION, SALEM DISTRICT. (CR.NO.87/2021) For Petitioner : M/S.R.SANKARASUBBU Advocate For Respondent :MR. T.SHUNMUGARAJESWARAN, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 420, 506(i) of IPC in Cr.No.87 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner collected an amount of Rs.14,00,000/- from four victims and assured for the appointment to the post of Noon Meal Organisers. Since the job was not secured to the victims and the said amount was also not repaid, the victims made a complaint against the petitioner. Hence, this petition has been filed.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He also submitted that out of Rs.14,00,000/-, the petitioner already repaid Rs.2,00,000/- and the petitioner is now willing to repay Rs.8,00,000/- to the victims. Accordingly, he prayed for anticipatory bail.
4.The learned Additional Public Prosecutor submitted that the petitioner has cheated the innocent public by assuring for appointment to the post of Non Meal Organiser. Therefore, he vehemently opposed for grant of anticipatory bail to the petitioner.
5.Considering the fact that the petitioner is willing to repay an amount of Rs.8,00,000/- to the victims, this Court is inclined to grant anticipatory bail to the petitioner.
6.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 Judicial Magistrate -VI, Salem, 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 and on further condition that:
(a) The petitioner shall deposit a sum of Rs.8,00,000/- to the credit of Cr.No.87 of 2021, within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the Trial Court shall disburse Rs.2,00,000/- to each of the victims. (b) the petitioner and the sureties shall affix their 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;
(c)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 15 days and thereafter shall report before the respondent police on every Monday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation;
(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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 19/04/2021 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.VI, SALEM 2 THE CHIEF JUDICIAL MAGISTRATE SALEM(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, MALLUR POLICE STATION, SALEM DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.R.SANKARASUBBU Advocate on payment of necessary charges Sr.5146 CRL OP.4182/2021 Date :19/04/2021 RVR 27/04/2021