Ravi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI RAVI ... PETITIONER / ACCUSED No.1 Vs THE INSPECTOR OF POLICE PASUPATHYPALAYAM POLICE STATION, KARUR DISTRICT, CRIME NO.419/2023 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.VIDHYA SAGAR, Advocate For Respondent : Mr.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.419/2023 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent Police for the alleged offence under Sections 406 and 420 of IPC in Crime No.419 of 2023, seek anticipatory bail.

1/5

2.The case of the prosecution is that the petitioner received Rs.10,00,000/- from the defacto complainant for securing the Government Job and thereafter, he neither secured the job nor repaid the amount. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Further, he would submit that already the fourth accused paid Rs.4,00,000/- to the defacto complainant. However, on instruction, he would submit that the petitioner is ready and willing to deposit a sum of Rs.3,00,000/- to the defacto complainant, without prejudice to his rights, hence, he prays for granting anticipatory bail.

4.The learned Government Advocate (Crl.Side) would submit that the investigation is pending. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is granted anticipatory bail and he 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, Karur, on condition that the petitioner shall execute a bond 2/5

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)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) (i) as per the undertaking given by the petitioner, the petitioner shall take a Demand Draft in favour of the defacto complainant for a sum of Rs.3,00,000/- (Rupees Three lakhs Only) and produce the same before the learned Judicial Magistrate No.I, Karur. On production of such Demand Draft, the learned Judicial Magistrate No.I, Karur, shall accept the sureties furnished by the petitioner and entrust the same directly to the defacto complainant; (ii) the petitioner shall produce the Demand Draft before execution of the sureties;

(c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

3/5

(d)the petitioner shall report before the respondent police daily at 10.30 a.m., for the period of two weeks and thereafter, he shall appear before the respondent Police as and when required;

(e)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioner shall not abscond either during investigation or trial; (g)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; (h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 13/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU 4/5

TO 1 THE JUDICIAL MAGISTRATE NO.I KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.

3 THE INSPECTOR OF POLICE PASUPATHYPALAYAM POLICE STATION, KARUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.VIDHYASAGAR, Advocate ( SR-1897[I] dated 15/02/2024 )

ORDER

IN Date :13/02/2024 SS/JGB/SAR- /16/02/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5