R.Viswam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI R.Viswam ... Petitioner/Sole Accused Vs The State Rep. By, The Inspector of Police, Cantonment Police Station, Trichy City, Trichy.

Crime.No. 520 of 2022. ... Respondent/Complainant For Petitioner : M/s.Susi Kumar C, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 520 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded judicial custody on 13.04.2022 for the offences punishable under Sections 406 and 420 IPC in Crime No.520 of 2022, on the file of the respondent police, seeks bail.

2.Heard the learned counsel appearing for the petitioner and the learned appearing for the respondent police. 3.According to the prosecution, the petitioner cheated the defacto complainant by stating that he met with an accident and received money and jewels of the defacto complainant. Further, by using credit cards and debit cards, he purchased things worth about Rs.1,32,372/-. Hence, this complaint.

1/3

4.The learned counsel appearing for the petitioner submits that the petitioner and the defacto complainant fell in love and due to threat, a false complaint has been lodged against the petitioner and he is in judicial custody from 13.04.2022 onwards and hence, he prays for grant of bail.

5.The learned Additional Public Prosecutor submits that properties were recovered and the petitioner is aged about 30 years and the victim girl is aged about 24 years and it is the case of love affair and investigation has already been completed. 6.Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate No.II, Trichy, (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar cards or Bank Pass Books to ensure their identity;

(ii)the petitioner shall report before the respondent police every Wednesday at 10.30 a.m., for a period of two months and he shall give an undertaking that he shall not contact the victim girl in future;

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)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]. sd/- 18/05/2022 / TRUE COPY / 18/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGSITRATE NO.II, TRICHY.

2/3

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4. THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, TRICHY CITY, TRICHY.

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

+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-4699[I] dated 18/05/2022 )

ORDER

IN CRL OP(MD) No.9129 of 2022 Date :18/05/2022 cm USK/SVR/SAR-II/18.05.2022/3P/7C 3/3