Anandraj v. State Rep. By The Inspector Of Police,
CRL OP NO. 32355 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 32355 of 2024 Anandraj S/o.Gunasekar, No. 608/3, Green City, Thirubunavanamangalam, Anaikaranchatram, Mailaduthurai District.
Petitioner(s) Vs State Rep. By The Inspector Of Police, District Crime Branch, Ariyalur District. (crime No.15 Of 2024) Respondent(s) For Petitioner(s):
Muthamizh Selvakumar P A.Esakkipandy M.Jithendran A.Ramesh Kumar ARAVINDRAJ K.Sarathkumar For Respondent(s):
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS in Crime No.15 of 2024, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with the other accused under the guise of securing job in foreign countries, received a sum of Rs.4,66,800/- from the defacto complainant and others and cheated them. Hence, the complaint.
3. Learned counsel appearing for the petitioner would submit that the petitioner is innocent and other than having money transaction with the other accused, the petitioner has not committed any offence as alleged by the prosecution and has been falsely implicated in this case. He further submitted that the money transferred to the petitioner's account is Rs.52,000/- from the account of the defacto complainant. The petitioner has no previous case of similar nature and he is ready to produce solvent sureties and also to abide with any conditions that may be imposed by this Court, therefore, he prayed for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for grant of anticipatory bail to the petitioner. He further submitted that A1 and A2 were arrested and they are still in custody.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR.
6. Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side and considering the nature of offence, 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 learned Judicial Magistrate, Ariyalur on condition that the petitioner shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen 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 petitioner shall report before the respondent police every day at 10.30 a.m. until further orders.
[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 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.
06-01-2025 msv To The Inspector Of Police, The State District Crime Branch, Ariyalur District.
(crime No.15 Of 2024)