J.Nowshath v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN J.Nowshath ... Petitioner/Sole Accused Vs State represented by The Sub-Inspector of Police, District Crime Branch, Karur District.
Crime No.16 of 2020. ... Respondent/Complainant For Petitioner : Mr.M.Maran, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.16 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who is the sole accused, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 406, 420 and 506(i) of IPC, in Crime No.16 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has received a sum of Rs.10,70,000/- from the defacto complainant for purchasing Bit Coin through online. But, the defacto complainant did not purchase the Bit Coin.
Thereafter, the defacto complainant has approached the petitioner and asked to repay the amount, which was received by the petitioner. On 02.09.2020, the petitioner has approached the defacto complainant and gave a cheque, but the said cheque was bounced back due to insufficient fund. Thereafter, the petitioner said to have abused the defacto complainant by using filthy language and also threatened him with dire consequences. Hence, the present complaint.
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3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.
4.The learned counsel appearing for the petitioner submitted that the petitioner has borrowed a sum of Rs.2,00,000/- from the defacto complainant, for which, the defacto complainant has also received Pro Note and two cheques from the petitioner. Thereafter, the petitioner has paid a sum of Rs.3,50,000/- to the defacto complainant along with interest, but, the defacto complainant has demanded exorbitant interest from the petitioner herein. Therefore, no amount has been invested by the defacto complainant for the purpose of Bit Coin business and only to escape from the clutches of law, he has lodged the present false complaint. He further submitted that on the complaint lodged by one Srinivasan, a case has been registered against the defacto complainant in Crime No.20 of 2020, for the offence under Sections 294(b), 323 and 506(i) of IPC and Section 4 of Tamilnadu Prohibition of Charging Exorbitant Interest Act, 2003. Hence, he prayed for grant of anticipatory bail to the petitioner.
5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that totally there are three victims. The petitioner has received a sum of Rs.10,70,000/- from the defacto complainant and his friends under the name of the Bit Coin business and thereby, cheated them. Hence, the crime has been registered against the petitioner.
6.On perusal of the materials available on records, it is seen that according to the defacto complainant, on 17.08.2019, the petitioner has received a sum of Rs.5,50,000/- from the defacto complainant for the purpose of Bit Coin business. He has received a sum of Rs.3,00,000/- from one Pasupathy and also received a sum of Rs.2,20,000/- from one Tamilselvan for the same business. Thereafter, he cheated them and refused to return the said amount. It is also seen from the FIR, which was produced by the learned counsel appearing for the petitioner, on the complaint lodged by one Srinivasan, a case case been registered against the defacto complainant and others in Crime No.20 of 2020, for the offence under Sections 294(b), 323 and 506(i) of IPC and Section 4 of Tamilnadu Prohibition of Charging Exorbitant Interest Act, 2003. 7.
Considering the facts and circumstances of the case and also considering the fact that there is a money transaction between the petitioner and the defacto complainant and there is no other serious allegation against the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 8.
weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Karur, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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]; and; (f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 14/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE JUDICIAL MAGISTRATE NO I, KARUR.
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2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
3.THE SUB-INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.11167 of 2020 Date :14/10/2020 VSG TK/SMA/SAR.2/22.10.2020/4P/5C 4/4