Kanagavalli v. The Sub Inspector Of Police
CRL OP(MD). No.1908 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD) No.1908 of 2022 KANAGAVALLI ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TRICHY DISTRICT.
CRIME NO.27 OF 2021.
... RESPONDENT/COMPLAINANT For Petitioner : Mr.R.SUNDAR, Advocate For Respondent : MR.R.M.ANBUNITHI, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 Cr.P.C.
PRAYER :-FOR BAIL IN CRIME NO.27 OF 2021 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to the judicial custody on 22.12.2021 for the alleged offences punishable under sections 420 and 120B of IPC, in Crime No.27 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 14.02.2021, a meeting was arranged by the accused persons and in the meeting a promise was made to the parties that they will arrange the job in Railway Department. By believing their words several persons gave money and so far this petitioner is concerned he transferred a sum of Rs.75,000/- to the third accused's account. This petitioner along with second accused received Rs.18,000/- in cash apart from that amount, some amount transferred to the third accused's account. The petitioner along with other accused cheated several persons. 3.The learned counsel for the petitioner submits that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution, but they have been falsely implicated in this case.
He would further submit that as per the case of the prosecution only Rs.75,000/- has been transferred by this petitioner to her husband. He further submitted that the petitioner is suffering from kidney issue, on that ground, this Court had granted interim bail to the petitioner with a condition that to deposit a sum of Rs.75,000/- to the credit of Crime No.27 of 2022 and in the above said condition was duly complied with and he has also produced the Chellan before this Court.
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CRL OP(MD). No.1908 of 2022 4.The learned Additional Public Prosecutor submitted that the second and third accused are still absconding and total amount involved in the case is more than Rs.45,00,000/- that has not been recovered so far.
5.Taking into consideration of the above facts and circumstances, the limited role that has been alleged by these petitioner and the period of incarceration by the petitioner from 22.12.2021, this Court is inclined to grant bail to the petitioner subject to the following conditions:
6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 No.1, Trichirappalli, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders and co-operate with him to complete the investigation process.
sd/- 27/07/2022 / TRUE COPY / 27/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE JUDICIAL MAGISTRATE NO.I, THICHIRAPPALLI. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHIRAPPALLI DISTRICT.
3.THE SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TRICHY DISTRICT.
4.THE OFFICER INCHARGE, SUB JAIL, TRICHY.
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADUAI.
ORDER IN CRL OP(MD) No.1908 of 2022 Date :27/07/2022 TTA MK/VR/SAR.IV/27.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2