U Raja Duraipandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.04.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN U.Raja Duraipandian ... Petitioner/7th Accused Vs State Rep.by The Inspector of Police, Gandamanur Police Station, Theni District.

(Crime No.29 of 2023) ... Respondent/Complainant For Petitioner : Mr.A.Karthik, 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.29 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A7, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 387 and 506(ii) IPC in Crime No.29 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution as per the de-facto complainant is that the petitioner along with other accused cheated the defacto complainant to the tune of Rs.60 lakhs. Hence, the complaint. 3.Heard the learned counsel appearing on either side and perused the materials available on record, including the First Information Report.

4.It is seen that the accused persons compelled the defacto complainant to give a sum of Rs.80,00,000/- by way of 500 notes, in turn, they will give one crore by 2000 notes. Believing the same, the defacto complainant parted the money and thereafter, took it away on 04.02.2023, whereas the complaint was lodged on 19.02.2023. 1/3

When there was a serious offence, the defacto complainant would have given the complaint immediately. That apart, the petitioner and the defacto complainant have known each other and as such, there was a business transaction and in order to settle the issue, the complaint has been lodged as against the petitioner and therefore, the custodial interrogation of the petitioner is not required, and this court is inclined to grant anticipatory bail to the petitioner, with certain conditions:

5.Accordingly, 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 on which the order copy made ready, before the learned Judicial Magistrate, Andipatty 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar 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 not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

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

sd/- 28/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns 2/3

TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, GANDAMANUR POLICE STATION, THENI DISTRICT.

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

+1 CC to M/s.A.KARTHIK, Advocate ( SR-6903[I] dated 28/04/2023 )

ORDER

IN CRL OP(MD) No.8073 of 2023 Date :28/04/2023 RS/VR/SAR-2(17.05.2023) 3P 6C 3/3