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Madras High CourtCRL OP(MD)/6621/2024ordered

Subramanian v. The Inspector Of Police

2024-06-27Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Subramanian ... Petitioner/Sole Accused

Versus

State Rep. by The Inspector of Police, E.Pudur Police Station, Trichy City, Trichy District.

(Crime No.1207 of 2023) ... Respondent/Complainant For Petitioner : Mr.C.Suresh Kannan Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.1207 of 2023 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.1207 of 2023, for the offence under Sections 417, 418, 406 and 420 IPC, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioner, a man power agent, received a sum of Rs.5,40,000/- from 38 persons and issued fake visa.

3. When the matter was taken up for hearing on 30.04.2024, the learned counsel appearing for the petitioner submitted that the petitioner has settled a sum of Rs.1,25,000/- to the victims and he is also ready to settle the remaining amount of Rs.3,95,000/-. Therefore, he requested this Court to refer the matter for mediation.

4. Considering the request made by the learned counsel for the petitioner, this Court, by order dated 30.04.2024, referred the matter for mediation and appointed an advocate Mr.K.Suyambulinga Bharathi as Mediator to solve the issue.

5. Today, when the matter is taken up for hearing, the learned Mediator submits that on the best efforts taken by him, the issue has been amicably settled between the 2/5

petitioner and the defacto complainant. He has also filed a report to that effect before this Court.

6. Considering the facts and circumstances of the case and also considering the report filed by the Mediator, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is ordered 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 learned Judicial Magistrate on condition that (i) the petitioner executes 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 No.II, Trichy. (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 appear before the respondent police daily at 10.30 a.m. till the entire amount is settled to the victims. He has to co3/5

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.

(v) 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/- 27/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO

1. THE JUDICIAL MAGISTRATE NO.II, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3.THE INSPECTOR OF POLICE, E.PUDUR POLICE STATION, TRICHY CITY,TRICHY DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4/5

+1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-7042[I] dated 27/06/2024 )

ORDER

IN CRL OP(MD) No.6621 of 2024 Date :27/06/2024 RK/GS (05/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5