T.Dharmalingam v. The State Represented By, Inspector Of Police
CRL OP NO. 31710 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31710 of 2024 T.Dharmalingam S/o.Thangasamy and another Petitioner(s) Vs The State Represented By, Inspector Of Police Inspector Of Police, CCB Police Station, Salem City, Salem. Transferred From Sooramangalam P.S. Salem City. Cr.No.833/2024 Respondent(s) For Petitioner(s):
R.Prabakar For Respondent(s): S.Santhosh, Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection in connection with Crime No.833 of 2024, registered for the offences punishable under Sections 420, 294(b) and 506(i) of IPC and Section 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this court. He would submit that the
main accused have been arrested and released on bail. He would further submit that they are ready to abide by any stringent condition that may be imposed by this Court. 3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that A1 to A3 are running a chit fund and cheated amounts to the tune of Rs.46,00,000/- from 15 victims. The petitioners herein are arrayed as A4 and A5. A4 is the husband of A3 and A5 is the son of A4. The allegation against these petitioners are that they threatened, abused and refused to pay the returns. A1 to A3 were arrested and released on bail.
4.Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5.Accordingly, 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 Court No.2, Salem, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees
Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intend 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 petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity; [b] the petitioners shall report before the respondent police on every day at 10.30 a.m. for a period of two weeks and thereafter, on every Saturday at 10.30 a.m., until further orders; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioners 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 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]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
08-01-2025 ah To 1.The Judicial Magistrate Court No.2, Salem.
2.The State Represented By, Inspector Of Police Inspector Of Police, Ccb Police Station, Salem City, Salem. Transferred From Sooramangalam P.S.
Salem City.
3.The Public Prosecutor, High Court, Madras.
A.D.JAGADISH CHANDIRA, J.
ah
CRL OP NO. 31710 of 2024 08.01.2025