Madras High CourtCRL OP(MD)/3322/2018ordered

Mano Bharath, v. The Inspector Of Police,

2018-03-02Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3322 of 2018 MANO BHARATH ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI DISTRICT.

CRIME NO.3 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 406 and 420 of IPC, in Crime No.3 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the petitioner and other two accused are alleged to have received a sum of Rs.96,000/- in 12 months from the defacto complainant, by way of chit and did not return the same. Hence, the defacto complainant has lodged a complaint against the petitioner and other accused persons. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail.

4.The learned Government Advocate (Criminal Side) appearing for the State would submit that the investigation is still pending. 5.The submissions made by the learned counsel appearing on either side are considered. It is alleged, during the time of occurrence, the petitioner herein and two other accused collected a sum of Rs.96,000/- by way of chits from the defacto complainant and thereafter, the petitioner herein had issued a cheque and the same was dis-honored without any payment. Now, the petitioner herein is arrayed as accused No.3 in the alleged offence. Moreover, the counsel, who is appearing for the petitioner fairly conceded to deposit the share of the petitioner in the Court. Hence, this Court is inclined to grant anticipatory bail with some stringent conditions to the petitioner.

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6. 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall deposit a sum of Rs.34,000/- (Rupees Thirty Four Thousand only) to the credit of of Crime No.3 of 2018, before the learned Judicial Magistrate No.I, Madurai, without prejudice his defence before the Trial Court. (ii) the petitioner shall report before respondent Police daily at 10.00 a.m. for a period of one month and thereafter, as and when required for interrogation;

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.

(iv) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioner shall stand automatically cancelled and 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/- 02/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.3397 ORDER IN CRL OP(MD) No.3322 of 2018 Date :02/03/2018 MKV-PM-PN-SAR 4/9.3.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/