S Anand Alais Anandraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.05.2024 PRESENT The Hon`ble Mrs.Justice L.VICTORIA GOWRI

1. S.Anand @ Anandraj

2. A.Chitra Devi

3. A.Vengatesan ... Petitioners/A3 to A5 versus State Rep. by The Inspector of Police, K.Pudur Police Station, Madurai City.

... Respondent/Complainant For Petitioner : Mr.T.Thirumurugan Advocate For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.46 of 2021 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A3 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 420 IPC, in Crime No.46 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that in the year 2019, the petitioners 1 and 2, who are arrayed A3 and A4, introduced the defacto complainant to A1 and A2 in order to get a Government job to his relative, for which, the defacto complainant paid a sum of Rs.3,90,000/- to A1 and A2. But, A1 and A2 neither arranged a job nor repaid the amount. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners introduced the defacto complainant to A1 and A2 and they have not received any money from the defacto complainant. However, they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submits that the investigation is yet to be completed.

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5. Taking into consideration the facts and circumstances of the case and also considering the nature of allegations levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, this Criminal Original Petition is ordered 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 learned Judicial Magistrate No.VI, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the petitioners 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 petitioners shall report before the respondent police as and when required for interrogation.

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

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[d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 29/05/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE K.PUDUR POLICE STATION, MADURAI CITY.

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

+1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-6015[I] dated 30/05/2024 )

ORDER

IN CRL OP(MD) No.7999 of 2024 Date :29/05/2024 SS/GS/SAR- /03/06/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5