Karthick v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1120 of 2015 KARTHICK ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TRICHY DT, CRIME NO.3/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.J.ASSCOIATES Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 11.12.2014 for the offences punishable under Sections 420, 419, 468 and 471 of Indian Penal Code in Crime No.3 of 2014 on the file of the respondent police, seeks bail.
2. It is the case of the prosecution that this petitioner promised the defacto complainant that he will get a job as a teacher and received a sum of Rs.4,80,000/- [Rupees Four Lakhs and Eighty Thousand only] along with another accused. This occurrence took place in the year 2012. Since the defacto complainant neither got the job nor received the money, he lodged a complaint, which was registered by the police on 10.02.2014 and this petitioner was arrested on 11.12.2014. As the petitioner is in incarceration since then, this Court is inclined to grant bail to this petitioner.
3. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate, Lalgudi, Trichy District and on further condition that:
[a] the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) before the learned Judicial Magistrate, Lalgudi, Trichy District, without prejudice to his defence in the criminal prosecution. On such deposit, the learned Magistrate shall issue notice to the defacto complainant and disburse the amount as ex-gratia compensation. The learned Magistrate shall accept surety https://hcservices.ecourts.gov.in/hcservices/
bonds only after deposit of the said sum of Rs.50,000/- (Rupees Fifty Thousand only).
[b] the petitioner shall report before the respondent police twice a day daily at 10.30 a.m. and 6.30 p.m. for a period of two weeks and thereafter, as and when required for interrogation. [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]. sd/- 28/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, LALGUDI, TRICHY DISTRICT 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY 4 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TRICHY DT, 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.K.J.ASSCOIATES Advocate SR.No.3685
ORDER
IN CRL OP(MD) No.1120 of 2015 Date :28/01/2015 NA/28/01/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/