Ramesh Babu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN Ramesh Babu ... Petitioner/4th Accused Vs State rep.by, The Inspector of Police, South Gate Police Station, Madurai.

Cr.No. 1002 of 2020.. ... Respondent/Complainant For Petitioner : M/s.S.Balakarthick, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.1002 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner is arrayed as Accused No.4, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 I.P.C., in Crime No.1002 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the de-facto complainant is running a jewelry shop in the name and style of Sun Jewelers. A-1 in this case, said to have purchased jewelry from the de-facto complainant and both A-1 and the de-facto complainant had several transactions and failed to pay the amount. Sofar as this petitioner is concerned, he said to have introduced A-1 to the defacto complainant. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that sofar this petitioner is concerned, he is said to have introduced A-1 to the de-facto complainant and A-1 was also arrested. He would further submit that there are several 1/3

transactions between A-1 and the de-facto complainant. That apart, the petitioner is said to have only introduced A-1 to the de-facto complainant, except this no other allegation has been levelled against the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the State would submit that the investigation is pending. 5.Considering the facts and circumstances of the case and also considering the fact that petitioner is said to have introduced A-1 to the de-facto complainant, except this no other allegation has been levelled against the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the 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, Madurai on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty 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 condition 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 as and when required for interrogation;

(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]; and; (f)if the petitioner/accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 26/08/2020 / TRUE COPY / / /2020 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, MADURAI 2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE SOUTH GATE POLICE STATION, MADURAI.

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

ORDER

IN CRL OP(MD) No.8784 of 2020 Date :26/08/2020 SJI PK/AKM/SAR-2/31.08.2020 : 3P/5C 3/3