Packiyaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI Packiyaraj ... Petitioner/Accused No.1 Vs State Rep. by The Inspector of Police, Sivakasi East Police Station, Thoothukudi District.

(Crime No.119/2021).

... Respondent/Complainant For Petitioner : Mr.Prabu.M., Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.119/2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested on 30.03.2021 for the offences punishable under Sections 406, 420 and 506(i) of IPC, in Crime No.119 of 2021 on the file of the respondent police, seeks bail.

2.It is a case of job racketing. The petitioner along with other accused herein had received a sum of Rs.5,00,000/- from the de-facto complainant with an assurance that they would get a Government job for the de-facto complainant's son. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would also submit that the petitioner is in jail from 30.03.2021, hence he seeks bail.

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4.The learned Government Advocate(Crl.Side) appearing for the respondent strongly opposed this petition on the ground that the investigation is pending.

5.Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate Court, Sivakasi, Virudhunagar District, further condition that: [a] 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 is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.119 of 2021, on the file of the learned Judicial Magistrate Court, Sivakasi, Virudhunagar District, within a period of two weeks without prejudice to his rights and contentions before the trial Court; [c] the petitioner shall report before the respondent police daily at 10.30 am., until further orders.

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

[e] the petitioner shall not tamper with evidence or witness 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 05/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 COURT, SIVAKASI, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

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

ORDER

IN CRL OP(MD) No.6563 of 2021 Date :05/05/2021 SJI JM/VR/SAR I/05.05.2021/3P/6C 3/3