Stebhen Raja @ Stebhen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI STEBHEN RAJA @ STEBHEN ... PETITIONER / SOLE ACCUSED Vs THE INSPECTOR OF POLICE THENI POLICE STATION, THENI DISTRICT.

CRIME NO. 64/2024 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.ABULKALM AZAD.A.S, Advocate for M/S. SPICY LAW FIRM For Respondent : Mr.P.KOTTAICHAMY, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO. 64 OF 2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner / Sole Accused, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 417 and 420 1/5

IPC in Crime No.64 of 2024, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has conducted Marathon, for which, he collected a sum of Rs.300/- as Registration fees for providing amenities to the participants and misappropriated huge amount of money. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that, the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.4,00,000/- to the participants, who participated in the Marathon on 04.02024. Hence, he prays for anticipatory bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that the petitioner herein has misappropriated huge amount from the public. Hence, he prays for dismissal of this petition.

5. Considering the facts and circumstances of the case and considering the fact that the petitioner has come forward to deposit some amount to the participants, hence, this Court is inclined to grant anticipatory bail to the petitioner. 2/5

6. Accordingly, the petitioner is granted anticipatory bail and he is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Theni District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties each for a like sum to the satisfaction of the respondent police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) As per the undertaking given by the petitioner, the petitioner shall deposit a sum of Rs.4,00,000- (Rupees Four Lakhs only) to the credit of Crime No.64 of 2024 before the learned Judicial Magistrate, Theni and then, the concerned Magistrate is directed to disburse the amount through the respondent Police to the participants, who participated in the Marathon on 04.02.2024, after obtaining list from the petitioner. On completion of disbursement, the sureties shall be accepted by the concerned Magistrate;

(b) if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(c) the sureties shall affix their photographs and left thumb impression in the 3/5

surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(d) the petitioner shall report before the respondent police for a period of two weeks at 10.30 A.M., and thereafter as and when required for interrogation; (e)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioner shall not abscond either during investigation or trial; (g)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 (h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG 4/5

TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT.

3 THE INSPECTOR OF POLICE THENI POLICE STATION, THENI DISTRICT.

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

ORDER

IN Date :22/03/2024 SS/GS/SAR- /27/03/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5