S.Kamaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.3621 of 2022
1. S.Kamaraj
2. Navneet ... Petitioners/Accused No.2 & 3 Vs
1. State rep.by The Inspector of Police, City Crime Branch, Trichy City.
(Crime No.19 of 2021).
... Respondent/Complainant (*)2. C.Ashok ... 2nd Respondent/Defacto Complainant (*)(R2 Suo Motu impleaded as per order of this Hon`ble Court dated 10.03.2022 in Crl.O.P.(MD) No.3621 of 2022 by KMSJ) For Petitioners : M/s. Vishnu.J., Advocate. For Respondent No.1 : Mr.R.M. Anbunithi Government Advocate (Crl.Side) For Respondent No.2 : No Appearance PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.19 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused No.2 and 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 and 420 IPC in Crime No.19 of 2021 on the file of the respondent police, seek anticipatory bail.
2. This petition has been filed on the ground that the first accused viz., Sowmiya moved Crl.O.P(MD).No.13117 of 2021 before this Court for anticipatory bail and that matter was referred to Mediation in the presence of the 2nd respondent / defacto complainant herein and because of the difference between the parties with regard to the amount involved it was not settled. But, however, the above said Sowmiya undertakes to deposit a sum of Rs.10,00,000/- to show her bonafideness and that was accepted by this Court and that she was directed to deposit the said amount and the anticipatory bail was also granted. In pursuance of the said order, she has also deposited a sum of Rs.10,00,000/- on 20.02.2022 before the Judicial Magistrate, Trichy and a copy of the receipt has also been produced before this Court.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the 1st respondent. Though the notice served on the 2nd respondent and his name is also printed in the cause list, he has not appeared either in person or through counsel.
4. Since the portion of the disputed amount was deposited by the first accused and she has also granted anticipatory bail by this Court in the above said Crl.O.P., this Court is inclined to grant anticipatory bail to the petitioners.
5. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.I, Trichy, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police once in 15 days i.e., 1st and 16th day every month at 10.00 am until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
Sd/- 24/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP
1. THE JUDICIAL MAGISTRATE NO.I, TRICHY.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3. THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TRICHY CITY.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.3621 of 2022 Date :24/06/2022 SP/SVR/SAR I/01/07/2022/3P/5C