Mohamed Asfar Jeshan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI 1.Mohamed Asfar Jeshan 2.Mohamed Irfan Deen ... Petitioners/Accused Rank not known Vs The Inspector of Police, Cyber Crime Police Station, Virudhunagar District.

(Crime No. 12 of 2023.) ... Respondent/Complainant For Petitioner :

Mr.A. Raja Mohamed. Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 12 of 2023 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 419 and 420 of IPC r/w 66(E) of IT (Amendment) Act, 2008 in Crime No.12 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners have defrauded the complainant to the tune of Rs.10,55,146/- under "part time job from home".Hence, the complaint.

3.In earlier occasion, at request of the learned counsel for the petitioner, this Court has granted interin anticipatory bail to the petitioners enabling them to settle the issue with the defacto complainant. 4.Today(27.06.2024), when this petition is taken up for consideration, the learned counsel for the petitioner and the Inspector of Police, who is present before this Court submit that since the petitioner has returned the money to the defacto complainant, the issue between the parties has been amicably settled. 5.Recording the submission made by the learned counsel for the petitioner and the Inspector of Police that the issue between the petitioners and the defacto complainant has been settled, this Court is inclined to grant anticipatory bail 2/5

to the petitioners.

6.Accordingly, this criminal original petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.I, Virudhunagar on condition that the petitioners shall execute 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.I,Virudhunagar and on further conditions that: i. The petitioners 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; ii. The petitioners shall report before the respondent police as and when required.

iii. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well.

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iv. On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.

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

VRN To 1.The Judicial Magistrate No.I, Virudhunagar.

2.Do through the Chief Judicial Magistrate, Virudhunagar District.

3.The Inspector of Police, Cyber Crime Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.7060 of 2024 Date :27/06/2024 4/5

ED/ VR /SAR- (12/07/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5