Palpandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Palpandi, ... Petitioner/Accused 2 Vs The Inspector of Police, District Crime Branch, Theni.

(Crime No.30/2023).

... Respondent/Complainant For Petitioner : Mr.B.Anandan, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.30/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 417, 420, 120(B), 468 and 471 of I.P.C., in Crime No.30 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on promising to get a private or Government job to the defacto complainant, the petitioner and other accused have 1/4

received a sum of Rs.26,97,000/- and subsequently, A1 had issued a forged appointment order in favour of the defacto complainant. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submits that to show his bonafide, he is ready to deposit the amount to the credit of Crime No.67 of 2024 without prejudice to his case.

4. The learned Additional Public Prosecutor appearing for the respondent submits that the the petitioner and other accused got commission from A1. Al in this case already arrested and released on statutory bail. The investigation of the case is pending and hence, he strongly objected to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the nature of allegations made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate, on condition that (i) the petitioner executes a bond for a sum of Rs.25,000/-(Rupees Twenty Five 2/4

Thousand), with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Theni;

(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 deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.30 of 2023 before the Judicial Magistrate, Theni, without prejudice his case and shall produce the receipt before the concerned Magistrate at the time of executing the bond; (iv) The petitioner shall appear before the respondent police daily at 10.30 am for a period of three weeks and thereafter, as and when required by the respondent police. He has to co-operate for the investigation. (v) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses.

(vi) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 02/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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LS TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THENI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.B.ANANDAN, Advocate ( SR-7261[I] dated 02/07/2024 ) ORDER IN CRL OP(MD) No.6478 of 2024 Date :02/07/2024 SA/VR/SAR. /10.07.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4