Essakiammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.05.2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Essakiammal ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Thachanallur Police Station, Tirunelveli District.

Crime No.130/2023 ... Respondent/Complainant For Petitioner : Mr.K.P.Narayanakumar,Advocate For Respondent : Mr.SS.Madhavan, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.130 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 420 IPC, in Crime No.130 of 2023, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the accused persons created fake documents and availed loan to the tune of Rs.3,00,000/- in the name of the defacto complainant. Hence, the complaint. 3.The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that investigation is almost completed.

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5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.25,000/- to the credit of Cr.No.130 of 2023 before the learned Judicial Magistrate No.IV, Tirunelveli, within a period of two weeks from the date of receipt of a copy of this order.

6.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 of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before the respondent police once in a week i.e., on every Wednesday at 10.30 a.m., for a period of three months and thereafter, as and when required for interrogation.

[c]the petitioner shall not tamper with the 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 229-A IPC.

sd/- 18/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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GNS TO 1 THE JUDICIAL MAGISTRATE NO.IV TIRUNELVELI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE THACHANALLUR POLICE STATION, THRUNELVELI DISTRICT.

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

+1 CC to M/s.NARAYANAKUMAR.K.P, Advocate (SR-7740[I] dated 19/05/2023 )

ORDER

IN CRL OP(MD) No.9205 of 2023 Date :18/05/2023 PKP/ /SAR- /24.05.2023/ 3P/6C 3/3