Ramajeyam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI PP.RAMAJEYAM ... Petitioner / Sole Accused Vs 1 THE SUPERINTENDENT OF POLICE OFFICE OF SUPERINTENDENT OF POLICE, MADURAI - 625002.

2 THE COMMISSIONER OF POLICE OFFICE OF COMMISSIONER OF POLICE, 18, LALBAZAR STREET, KOLKATA-700001.

3 THE INSPECTOR OF POLICE T.KALLUPATTI POLICE STATION, MADURAI DISTRICT - 625702.

4 BAJAJ FINANCE LIMITED NO.112A, RASHBEHARI AVENUE, NARAYANI BUILDING, 2ND FLOOR, WEST BENGAL - 700078.

... Respondents / Complainant 1/8

For Petitioner :

M/s.N.Mahendra Babu, Advocate For Respondents 1 to 3 :

Mr.P.Kottaichamy, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER : TO ENLARGE THE PETITIONER SOLE ACCUSED ON INTER-STATE ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST OR SURRENDER IN CS.NO.139279/2023 ON THE FILE OF METROPOLITAN MAGISTRATE 5TH COURT CALCUTTA AND THUS RENDER JUSTICE.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the third respondent police pursuant to the warrant issued by the learned Metropolitan Magistrate 5th Court, Calcutta, for the alleged offences punishable under Sections 420, 422, 406, 417 and 418 IPC in CS.No.139279 of 2023 on the file of the Metropolitan Magistrate 5th Court, Calcutta, seeks anticipatory bail.

2. The learned Metropolitan Magistrate 5th Court, Calcutta, has issued warrant to the petitioner in connection with the complaint given by the fourth respondent.

3. The learned counsel for the petitioner would submit that false complaint has been given against the petitioner and he has nothing to do with the said allegations. He further submitted that Interstate Anticipatory bail may be granted to the petitioner so as to enable him to move the appropriate jurisdictional court in the State of Calcutta for necessary relief.

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4. Heard the learned Government Advocate(Crl.Side) appearing for the State.

5. The issue as to whether, in respect of the persons who have been accused of a non-bailable offence committed beyond the territorial jurisdiction of the State of Tamil Nadu, if his arrest is sought within the jurisdiction of this Court, irrespective of the fact that he is a resident of the place over which this Court can grant anticipatory bail under Section 438 Cr.P.C, came up for consideration before the Division Bench of this Court in the case of S.P.Shanthi Swaroop v. State of Tamil Nadu , rep. By Asst. Commissioner of Police, Central Crime Branch, Madras reported in 1992 L.W.(Crl).475. After elaborate discussions, decisions and considering the ratio laid down by the Patna High Court in Syed Safrul Hassan v.

State has passed the following order:- "For the foregoing reasons, we hold that the High Court or the Court of Session has got power under Section 438 Cr.P.C. To grant anticipatory bail irrespective of the locale of the Commission of the offence.

anticipatory bail. However, we wish to observe that while granting anticipatory bail, this Court has to restrict the relief for a limited period and to direct the concerned persons to move the Court which is having jurisdiction over the matter in the meantime and also impose such condition so as to make the petitioners available for interrogation by the concerned police in the meantime. The reference is answered accordingly."

7. Thereafter, a learned Single Judge of this Court in the case of P.Thangavelu and others v. State, rep. By the Inspector of Police and other reported in 2017 (2) MWN (Cr.) 633 has passed the following orders, "9.Thus , it is seen that though in the State of Uttar Pradesh, the provisions of Section 438, Cr.P.C., enabling grant of Anticipatory bail has been deleted, still the Courts have power to grant Inter-State Anticipatory Bail, more particularly taking into account the provisions under Article 21 of the Constitution of India. In the light of the above Judgments and discussions, this Court is of the view that Inter-State Anticipatory Bail can be granted to the petitioners for a limited period to enable them seek appropriate Bail Orders from the concerned Court. 10.Accordingly, Interim Anticipatory Bail is granted to the 4/8

Petitioners herein till 01.08.2016. The Petitioners are directed to be enlarged on Bail in the event of their arrest or on their appearance before the Judicial Magistrate concerned, subject to the following conditions:

(i) Each of the Petitioner shall execute a Personal Bond for a sum of Rs.10,000- (Rupees ten thousand only) with two sureties, to the satisfaction of the Respondent-Police or the Police Officer, who intends to arrest or to the satisfaction of the Magistrate concerned;

(ii) within the said period, ie., before 01.08.2016, the petitioners shall appear before the concerned Court of Jurisdiction and move for Anticipatory Bail before the said Court.

11. This Court makes it very clear that Inerim Anticipatory Bail pertaining to Inter-State disputes cannot be sought as a matter of right and it is purely the discretion of the Court in granting the same, considering the facts, circumstances and also the nature of offences. It is also made clear that this order, on being produced, shall be punctually observed and executed by all concerned." 5/8

8. In view of the decisions cited supra, this Court is inclined to grant interim anticipatory bail to the petitioner till 14.03.2024. Accordingly, interim anticipatory bail is granted to the petitioner till 14.03.2024. The petitioner is directed to be enlarged on bail in the event of arrest or on his appearance before the first respondent police and on further condition that: (i) the petitioner shall execute a Personal Bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, to the satisfaction of the Respondent-Police or the Police Officer, who intends to arrest or to the satisfaction of the Magistrate concerned;

(ii) within the said period, i.e., before 14.03.2024, the petitioner shall appear before the concerned Court of Jurisdiction and file an appropriate application for regular bail before the said Court.

sd/- 29/02/2024 / TRUE COPY / 01/03/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The District Munsif cum Judicial Magistrate, Peraiyur, Madurai District.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Superintendent of Police, Office of Superintendent of Police, Madurai - 625 002.

4.The Commissioner of Police, Office of Commissioner of Police, 18, Lalbazar Stree, Kolkata - 700 001.

5.The Inspector of Police, T.Kallupatti Police Station, Madurai District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The V Metropolitan Magistrate, Calcutta.

+2 CC to M/s.MAHENDRA BABU, Advocate ( SR-2581[I] dated 01/03/2024 )

ORDER

IN Date :29/02/2024 7/8

ED/ /SAR- (01/03/2024) 8P / 10C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8