Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7329 of 2015 GANESAN ... PETITIONER/ ACCUSED No.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THILLAI NAGAR POLICE STATION, TRICHY CITY, CRIMENO.219/2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.DEENADHAYALAN Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed A2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 406 and 420 of IPC, in Crime No.219 of 2014 on the file of the respondent police and hence, seeks anticipatory bail. 2.

According to the de-facto complainant, the accused have received Rs.3,00,000/- from him and two other persons assuring job at aboard. 3.The learned counsel for the petitioner submitted that the petitioner is an employee under A1 and even as per the FIR, the petitioner along with A1, namely Pavithra received Rs.1,00,000/- and the rest of the amounts were given to A1 directly by the two persons. It is further submitted that A1 was arrested and released on bail and she undertook to pay the entire amount to the de-facto complainant and part of the amount was already paid. The learned counsel further submitted that to show his bonafide, the petitioner is ready to deposit Rs.1,00,000/- to the credit of the concerned crime number.

4.The learned Government Advocate (Criminal side) submitted that this is a case of job bracketing and the accused received Rs.3,00,000/- from the de-facto complainant and two others.

5.However, considering the fact that the petitioner is an employee under A1 and received one lakh, now he also undertakes to deposit the amount, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.IV, Tiruchirappalli and on his executing a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall deposit a sum of Rs.1,00,000/- [Rupees One Lakh only] to the credit of Crime No.219 of 2014 within a period of four weeks from today and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner 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/- 02/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.IV, TRICHY.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE THILLAI NAGAR POLICE STATION, TRICHY CITY.

+1. CC to M/S.S.DEENADHAYALAN Advocate SR.No.35667. TS/07.07.2015/2P -6C

ORDER

IN CRL OP(MD) No.7329 of 2015 Date :02/07/2015 https://hcservices.ecourts.gov.in/hcservices/