Raghul Sayee @ Rahul v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.6709 of 2020 Raghul Sayee @ Rahul ... Petitioner/A4 Vs The State rep by The Inspector of Police, Central Crime Branch, Madurai City, Madurai.

Crime No.18/2020) .. Respondent/Complainant For Petitioner : Mr.R.Gandhi, Advocate.

For Respondent : R.Anandharaj, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 18/2020 on the file of the Respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent police for the offence punishable under Section 420 of I.P.C., in Crime No.18 of 2020 on the file of the respondent police, seeks anticipatory bail.

3.The allegation against the petitioner and his family members is that the money borrowed from the de-facto complainant on various dates was not paid and also the rent for the premises occupied by them was not tendered. When the de-facto complainant demanded money back, he was threatened.

4.From the entire reading of the F.I.R., it is seen that no criminality could be prima facie made out. Hence, this Court is

inclined to grant anticipatory bail to the petitioner with certain conditions.

5.Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Madurai, and on condition that he shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each 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 conditions that;

[a]the petitioner 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 petitioner shall report before the respondent Police for interrogation, as and when required.

[c] The petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] The petitioner shall not abscond either during investigation or trial.

[e] 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 as if the conditions have been imposed and the petitioner 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).

[f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 29.06.2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

smn2 Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct

copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. The Judicial Magistrate No.I, Madurai.

2. Do-Through the Chief Judicial Magistrate, Madurai.

3. The Inspector of Police, Central Crime Branch, Madurai City, Madurai.

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

ORDER

IN CRL OP(MD) No.6709 of 2020 Date : 29/06/2020 VB SKN SAR 3 (30.06.2020) 3P 5C