Ramadoss v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of May Two Thousand Twenty PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN
1. Ramadoss,
2. Prema,
3. Nanthini, ... Petitioners/Accused 2,4 & 6 Vs State rep by The Inspector of Police, CCB Police Station, Madurai City, in Crime.No.24 of 2020..
... Respondent/Complainant For Petitioner : Mr.K.Sathish Kumar, Advocate.
For Respondent : Mr.S.Chandra Sekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime.No.24 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420 and 506(i) IPC in Crime No.24 of 2020, seek anticipatory bail.
2. Heard both sides.
3.The case of the prosecution is that the petitioners and others have promised the defacto complainant / Jaya Ganesh to take him as partner in the jewelry business and received a sum of Rs.32,80,000/-. But, later they cheated him without taking him as partner and not paying interest and principal thereafter. Since the defacto complainant has invested his entire retirement benefit in the said business and being deprived of all that money, he has given this complaint against these petitioners. 1/3
4.The case of the petitioners is that they have nothing to do with the said transaction and it was one Thirunavukarasu / first accused, who is running the business and became insolvent known to the defacto complainant, who alleged to have given money. Being the family member of the said Thirunavukkarasu, the petitioners have been roped in the complaint.
5.Considering the facts and circumstances of the case and the fact that prima facie, this complaint appears to be civil in nature and even otherwise arrest of these petitioners, is not required, so this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest by the respondent police on executing a own bond for a sum of Rs.50,000/- and further the petitioners shall execute two sureties for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each before the learned Judicial Magistrate-I, Madurai, on or before 05.06.2020 and on further condition that: (a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners shall deposit a sum of Rs.1,00,000/- each in the Crime No.24 of 2020 by 21.06.2020;
(c)the petitioners shall report before the investigating officer daily until further orders for interrogation; (d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 22/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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Note: Due to lock-down on account of COVID-19, this order copy may be treated as true copy.
TO 1 THE JUDICIAL MAGISTRATE NO.1, MADURAI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3 THE INSPECTOR OF POLICE CCB POLICE STATION, MADURAI CITY, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :22/05/2020 SRS/VR/SAR-3/22.05.2020/P3/5C 3/3