Rajangam, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.3228 of 2019 RAJANGAM ... PETITIONER / ACCUSED(SOLE) Vs STATE REP.BY THE INSPECTOR OF POLICE SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT.

(CRIME NO.247/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.BALAJI, Advocate For Respondent : Mr.S.CHANDRASEKAR, Additional Public Prosecutor For Intervenor : Mr.A.CHANDRAKUMAR, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 406, 420 and 417 of IPC in Cr.No.247 of 2018, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner induced the defacto complainant as if he is having 1950 sq.ft land in Annapoorani Nagar. Thereafter the petitioner entered into agreement for a sale consideration of Rs.22,29,563/-. Thereafter he has paid Rs.6,00,000/- in favour of the petitioner, however the petitioner after the receipt of the money neither registered the land nor repaid the money. Thereafter he came to know that the property belong to one Vijaya and she is not willing to convey the property. Hence the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. On instructions, he would also submit that the petitioner is ready and willing to deposit a sum of Rs.5,00,000/- without prejudice to his defence to the credit in Crime number and thereafter the said amount may be disbursed to the defacto complainant and prayed for granting anticipatory bail.

4.The learned Government Advocate(Crl.Side) appearing for the state would submit that if the petitioner is ready to deposit the amount, this Court may pass appropriate orders. 5.Considering the facts and circumstances of the case and the petitioner has come forward to deposit the said a sum of Rs.5,00,000/- without prejudice to his rights and contentions to show his bonafide, this Court is inclined to grant anticipatory bail to the petitioner. 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Trichy, Trichy District on condition that the petitioner 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 and on further condition that:

(a) the petitioner shall deposit the sum of Rs.5,00,000/- to the credit in crime number 247 of 2018 before the learned Judicial Magistrate No.V, Trichy without prejudice to his defence and only on such deposit the learned Magistrate shall accept the sureties and disburse the same to the defacto complainant without filing any formal applications.

(b) 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;

(c)the petitioner shall report before the respondent police as and when required for interrogation (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 29/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.V, TRICHY, TRICHY DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT.

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

+1. CC to Mr.S.BALAJI Advocate SR.No.5864

ORDER

IN CRL OP(MD) No.3228 of 2019 Date :29/03/2019 MS/VR/SAR-3/02.04.2019/3P.6C