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Madras High CourtCRL OP(MD)/14200/2018ordered

Jegadheeshpandian v. The Inspector Of Police

2018-08-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14200 of 2018 1 JEGADHEESHPANDIAN 2 KUMARAVEL ... PETITIONERS / ACCUSED 5 & 7 Vs STATE REP.BY THE INSPECTOR OF POLICE, NAGAMALAIPUDUKKOTTAI POLICE STATION, MADURAI DISTRICT.

IN CRIME NO.325 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.B.SUDHA SATHYANANTH, Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are in judicial custody since 02.06.2018 for the offences punishable under Sections 147, 148, 323, 365, 342, 294 (b), 387, 506(ii), 397, 364(A), 465, 468, 471 I.P.C and Section 66 (c) and 72 of Information Technology Act, 2000, in Crime No.325 of 2018, on the file of the respondent police. They seek bail. 2.The case of the prosecution is that the defacto complainant and her husband have been forcibly kidnapped by the second accused with the help of the other accused persons. They threatened the defacto complainant and obtained money to the tune of Rs.17,00,000/- and jewels weighing about 45 sovereigns and also obtained her signature in the blank stamp papers. Further, Accused No.2 had roped huge amount from the defacto complainant's bank account.

He threatened the defacto complainant and their children and obtained signature in the plain papers and misused it for transferring immovable properties and valuable properties in favour of the Accused No.2- Ravi. Hence, the case has been registered. 3.The learned counsel for the petitioners would submit that the Accused No.2 Ravi gave a sum of Rs.2,00,000/- to the defacto complainant and her husband to confirm his temporary Office Assistant job in the Kamarajar University, Madurai. Further, he also executed the sale deed worth about Rs.3,00,000/- in respect of the property belongs to the second accused in favour of the defacto complainant. Even then, after receipt of the same, the defacto complainant neither confirmed his temporary Office Assistant post nor returned his money.

Therefore, at the time of demanding the money given by the Accused No.2 to the defacto complainant, the https://hcservices.ecourts.gov.

petitioners are also there along with other persons. He further submitted that the petitioners are innocent persons. They did not commit any offence as alleged by the prosecution. Hence, he prays for bail.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the investigation is pending. 5.It is seen that the petitioners are friends of Accused No.2. Admittedly, the defacto complainant and her husband received a sum of Rs.2,00,000/- from Accused No.2 and the property has been registered in favour of the defacto complainant by the Accused No.2, worth about Rs.3,00,000/- for confirming the temporary job of Office Assistant in the Madurai Kamarajar University. 6.Considering all these aspects and also considering the period of incarceration of the petitioners, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions: (i) the petitioner 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 Judicial Magistrate No.VI, Madurai.

(ii)the petitioners shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation. sd/- 21/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, NAGAMALAIPUDUKKOTTAI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to Mr.B.SUDHA SATHYANANTH Advocate SR.No.15876 ORDER IN CRL OP(MD) No.14200 of 2018 Date :21/08/2018 MS/PN/SAR-1/21.08.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/