Rajangam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.05.2024 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY Rajangam ... Petitioner / Accused No.6 Vs State rep. by The Inspector of Police, District Crime Branch, Theni, Theni District.

(Crime No.11 of 2024) ... Respondent / Complainant For Petitioner :

Mr.B.Jeyakumar, Advocate For Respondent :

Mr.A.Thiruvadikumar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.11 of 2024 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 417, 420, 120 B, 294(b) and 506(1) of IPC, in Crime No.11 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with the other accused persons sold the defacto complainant's vehicle to the third persons. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to deposit a sum of Rs.1,50,000/- (Rupees one Lakh and fifty Thousand only) to the credit of crime No.11 of 2024.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the investigation is still pending and also submits that no previous case is pending against the petitioner. 5.Taking into consideration the facts and circumstances of the case and also considering the antecedents of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of 2/5

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, Theni, Theni District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [c] the petitioner shall deposit a sum of Rs.1,50,000/- (Rupees one lakh and fifty Thousand only) to the credit of Crime No.11 of 2024, before the concerned Magistrate, at the time of executing bond.

[d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioner shall not abscond either during investigation or trial. [f]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 is released on bail by 3/5

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]. [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA To 1.The Judicial Magistrate, Theni, Theni District.

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

3.The Inspector of Police, District Crime Branch, Theni, Theni District.

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

+1 CC to M/s.B.JEYAKUMAR, Advocate ( SR-5782[I] dated 24/05/2024 ) 4/5

ORDER

IN CRL OP(MD) No.7519 of 2024 Date :22/05/2024 ED/ JGB /SAR- (27/05/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5