Madras High CourtCRL OP/14316/2022granted

E.Mohan Doss v. State By

2022-06-22Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Second day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14316 of 2022 1 E.MOHAN DOSS [ PETITIONERS / ACCUSED ] 2 SUMATHI Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THIRUVALLUR DISTRICT.

THIRUVALLUR.

CRIME NO.68 OF 2021.

For Petitioner : M/S.R.SASIKUMAR Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420 and 506(ii) of IPC, in Crime No.68 of 2021, seek anticipatory bail.

2. The case of the prosecution is that the 1st petitioner's friend by name Bhadri Narayanan received a sum of Rs.2 lakhs cash from the defacto complainant for the purpose of getting a job. It is alleged that the 1st petitioner's friend neither arrange a job nor returned the money. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons they have not committed any offence as alleged by the prosecution. The petitioners are arrayed as A1 and A2. The second petitioner is also one of the victim who paid

the money to the third accused to get employment. In fact while enquiry, the petitioners were appeared before the respondent. He would further submit that the petitioners are ready to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) each to the credit of Crime No.68 of 2021, without prejudice to their right of defence. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that on the assurance of getting a job in the Secretariat of Tamil Nadu, they received a sum of Rs.4 lakhs from the defacto complainant in which Rs.2 lakhs were received by the petitioners herein. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) each, without prejudice to their right of defence, to the credit of Crime No.68 of 2021, within a period of two weeks from the date on which the order copy made ready and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate - I, Thiruvallur, Thiruvallur District, on condition that each of the petitioners 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 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 petitioners shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) each, to the credit of Crime No.68 of 2021, before the concerned Magistrate, within a period of two weeks from the date on which the order copy made ready.

[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] the petitioners shall not abscond either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 22/06/2022 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, THIRUVALLUR, THIRUVALLUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THIRUVALLUR DISTRICT.

THIRUVALLUR.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges SR.NO. 9705 CRL OP.14316/2022 Date :22/06/2022 RW-27/06/2022