Rahuman v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. Rahuman S/o Abdul Rahuman No. 39, 3rd Street, Opp to Min Nagar Park, Kuniyamuthur, Coimbatore South, Coimbatore District.

Petitioner(s) Vs

1. The state rep by, The Inspector of Police, G-5 Kachirayapalayam Police Station, Kallakurichi District. (Crime No. 381 of 2024) Respondent(s) PRAYER To enlarge the petitioner on Anticipatory ball in the event of his arrest in Crime No. 381 of 2024 pending investigation on the file of respondent Police and thus render justice.

For Petitioner(s):

Mr.R Thirumoorthy For Respondent(s):

Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420 of IPC in Crime No.381 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that the petitioner has received a sum of Rs.2,00,000/- by promising to get government job from the defacto complainant and later, neither returned the said sum nor secured a job. Hence, the case.

3.

This is the second anticipatory bail petition. The earlier anticipatory bail petition was allowed in Crl.OP.No.23750 of 2025 by the order dated 27.09.2024.

4. The learned counsel for the petitioner submitted that though the petitioner was granted anticipatory bail earlier, he could not execute the sureties within the time stipulated; that even after this Court granted extension, the

petitioner could not execute the sureties since, he was arrested in connection with another case; and hence, sought for anticipatory bail, considering the fact that the investigation is completed.

5.The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and confirmed the aforesaid facts.

6.Taking note of the facts and circumstances of the case, the fact that the investigation is now almost completed and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with 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 on which the order copy made ready, before the Judicial Magistrate-I, Kallakurichi on condition that the petitioner shall execute a separate 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 proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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.

[b] the petitioner shall report before the respondent police everyday at 10:30 a.m., until further orders and all hearing dates before the Trial Court. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24-04-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The state rep by, The Inspector of Police, G-5 Kachirayapalayam Police Station, Kallakurichi District. (Crime No. 381 of 2024).

2. The Judicial Magistrate-I, Kallakurichi.

3. The Public Prosecutor, Madras High Court, Chennai.

SUNDER MOHAN J.

jai CRL OP No. 10457 of 24-04-2025