Malick Kaboor v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Malick Kaboor ... Petitioner/Accused 6 Vs The Inspector of Police, Crime Branch, Tirunelveli City, Tirunelveli (Crime No.36 of 2014) ... Respondent/Complainant For Petitioner : Mr.C.SARAVANAKUMAR, Advocate For Respondent : Mr.P.KOTTAI CHAMY, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticpatory Bail in Crime No.36 of 2014 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is an accused in C.C.No.339 of 2015 on the file of the Judicial Magistrate Court, No.I, Tiruneveli, has filed this application seeking 1/5

anticipatory bail. The said case was registered for the offence under Sections 406, 408, 420, 465, 466, 467, 468, 471, 472 r/w 120(b) IPC in Crime No.36 of 2014 on the file of the respondent police.

2.The case of the prosecution is that the accused persons conspired together and availed various car loans from Sriram Transport Finance Company Private Limited by producing forged RC Book and swindled the loan amount. 3.The learned counsel appearing for the petitioner submits that the case was registered in the year 2014 and charge sheet was also filed in the year 2015. NonBailable Warrant was issued in the year 2022. the petitioner was in abroad and he was not aware of the case. He further submits that the petitioner has not obtained any bail or anticipatory bail in the present case and he is prepared to surrender before the concerned Court and to co-operate for the trial. Accordingly, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate(Crl.side) for the respondent submits that the non-bailable warrant is pending from the year 2022. As per the final report, there was a transaction of money from A1 to the petitioner herein to the tune of Rs.57,000/-.

5.Considering the fact that the final report has already been filed and trial has not been commenced, this Court is inclined to grant anticipatory bail to the petitioner. 2/5

6.Accordingly, this criminal original petition is allowed 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 Judicial Magistrate Court No.I, Tirunelveli on condition that the petitioner 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 Judicial Magistrate Court No.I, Tirunelveli and on further conditions that:

i. 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; ii. The petitioner shall appear before the Judicial Magistrate Court No.I, Tirunelveli daily at 10.30 am., until further orders. He has to co-operate for the trial.

iii. The petitioner shall surrender his Passport before the Judicial Magistrate Court No.I, Tirunelveli and he shall not leave the India, withour prior permission of the learned Magistrate. 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. The petitioner shall be available for the 3/5

trial as well.

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.

7.The Judicial Magistrate Court No.I, Tirunelveli shall endeavour to complete the trial in C.C.No.339 of 2015, as expeditiously as possible. sd/- 20/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDICIAL MAGISTRATE NO.I TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, CRIME BRANCH, TIRUNELVELI CITY, TIRUNELVELI.

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

+1 CC to M/s.C.SARAVANAKUMAR, Advocate ( SR-5973[I] dated 30/05/2024 ) 4/5

ORDER

IN CRL OP(MD) No.8015 of 2024 Date :20/06/2024 SA/GS/SAR. /05.07.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5