R.Alagar, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15603 of 2017 R.ALAGAR ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, KARUR DISTRICT, CRIME NO.3/2016 ... RESPONDENT/COMPLAINANT For Petitioner : MR.G.KARUPPASAMY PANDIAN, Advocate for M/S.M.KAMATCHI Advocate For Respondent : MR.K.ANBARASAN, 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 as an Accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of I.P.C., in Crime No.

3 of 2016, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that A1 and A2 collected a sum of Rs.7,00,000/- from the defacto complainant on promise he will get a job from the member of the Teachers Recruitment Board and accordingly, he introduced one Alagar, who is the present petitioner herein. Since no job was secured by the accused person, the defacto complainant lodged a complaint before the respondent police. It is further stated that the specific allegation as against the present petitioner is that though the money was paid to A1 and A2, the present petitioner issued a blank cheque on behalf of A1 and A2. 3.The learned counsel for the petitioner would submit that there is no specific allegation as against the petitioner herein/A4.

However, the present petitioner acted as a security on A1 and A2 and he has given a blank cheque in favour of A1 and A2. But the fact remains that the present petitioner did not receive any amount from the defacto complainant.

released on anticipatory bail. He further submitted that the petitioner did not commit any offence as alleged by the prosecution and hence he prays for anticipatory bail.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that he did not dispute the fact made by the learned counsel for the petitioner.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl. Side), I am inclined to grant anticipatory bail to the petitioner/A-4 with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.I, Karur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner/A-4 shall report before the respondent police, daily at 10.30 a.m., for a period of four weeks, and thereafter, as and when required for interrogation;

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioner shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer; (iv) the petitioner shall not abscond either during investigation or trial;

(v) the petitioner shall not commit any offence while on bail;

(vi) 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 and the anticipatory bail granted stands cancelled automatically.

sd/- 04/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR DISTRICT.

4 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.KAMATCHI Advocate SR.No.35503 IS/NS CSL/PM-PN/SAR-III/08.12.2017 :2P/6C

ORDER

IN CRL OP(MD) No.15603 of 2017 Date :04/12/2017