Rajendar @ Rajendiran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Rajendar @ Rajendiran ... Petitioner/ Accused No.5
Versus
The Inspector, Ammayanaickanur Police Station, Dindigul.
(Crime No.46 of 2023)
...Respondent/ Complainant
For Petitioner :
Mr.K.K.Samy, Advocate For Respondent :
Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.46 of 2023 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.46 of 2023 for the offence under Sections 120B, 420, 467, 468, 469 and 471 IPC and remanded him into judicial custody on 31.01.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The case of the prosecution is that the accused persons received a sum of Rs.5,00,000/- from the defacto complainant by assuring that they would arrange a government job for him.
3. The learned counsel for the petitioner submits that the petitioner is the relative of A1, however, he has been falsely implicated in this case that he has received money for arranging a government job for the defacto complainant. Admittedly, the petitioner is not a Government Servant or he is not having any power to arrange a government job for the defacto complainant. However, the prosecution has projected the case as if money was transferred from the defacto complainant's account to the petitioner's account. According to him, it is only a money transaction, but, the prosecution has projected the case as if it is a job racketing. However, the petitioner is languishing in jail from 31.03.2023.
4. The learned Additional Public Prosecutor appearing for the respondent Police opposes for grant of bail on the ground that the investigation is yet to be 2/5
completed.
5. Considering the nature of allegations, the period of incarceration and also considering the position of the petitioner, this Court is inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Nilakottai.
ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii) The petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders. He has to co-operate for the investigation.
iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well. 3/5
v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.
sd/- 17/04/2024 / TRUE COPY / 17/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY To 1.The Judicial Magistrate, Nilakottai.
2.Do through the Chief Judicial Magistrate, Dindigul District.
3.The Inspector of Police, Ammayanaickanur Police Station, Dindigul.
4.The Officer Incharge, District Jail, Theni.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.K.SAMY, Advocate ( SR-4519[I] dated 17/04/2024 ) 4/5
ORDER
IN CRL OP(MD) No.5553 of 2024 Date :17/04/2024 ED/ /SAR- (17/04/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5