Sathiyaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sathiyaraj, ... Petitioner/Accused 4 in Crl.O.P.(MD)No.9006 of 2024

1. Bharthasarathy,

2. Kannan, ... Petitioners/Accused 3 & 5 Crl.O.P.(MD)No.9009 of 2024 Vs The Inspector of Police, Oddanchatram Police Station, Dindigul District Crime No.371/2024.

... Respondent/Complainant in both petitions For Petitioner : M/s.Veerakumar.T, Advocate. (in Crl.OP(MD).9006/2024) For Petitioner : Mr.P.Veerapandi, Advocate (in Crl.OP(MD).9009/2024) For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor (in both Petitions) 1/5

PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

COMMON PRAYER :- For Bail in Crime No.371/2024 on the file of the respondent police COMMON ORDER : The Court made the following order :- The petitioners, who were arrested on 31.05.2024 for the alleged offence under Section 420 of IPC @ Sections 294(b), 323, 342, 420 and 506(ii) of IPC, in Crime No.371 of 2024 on the file of the respondent police, seek bail. 2.The defacto complainant is a Village Administrative Officer. The case of the prosecution is that on 31.05.2024, when the defacto complainant and his village headman were on patrol, they found that A1 to A5 indulged in wordy quarrel among them, along with bag containing currency notes and papers.

The defacto complainant made an enquiry and he came to know that at the instance of A2, A1 promised the petitioners/A3 to A5 herein to arrange Emarald stone to them, for which, A3 has given Rs.10 lakhs, A4 has given Rs.1,16,000/- and A5 has given Rs.1,16,000/- to A1. A2 acted as a broker in this case. As per the demand of A2, A3 brought Rs.15 lakhs in a bag. On verification, it was found that out of three cash bundles, Rs.500/- currency was kept in the first and last of the bundles and the remaining are white papers. Hence, the case.

3.The learned counsel for the petitioners submits that the petitioners are the victims, A1 cheated the petitioners and therefore, there was a quarrel between A1 and 2/5

the petitioners. On seeing the same, the Village Administrative Officer has lodged a complaint, based on which, a case has been registered. He further submits that A1 was already arrested and released on bail by the learned Judicial Magistrate, Oddanchatram in CRLMP/0001952/2024, dated 18.06.2024. The petitioners are languishing in jail for the past 19 days. The persons, who have lost the money, have not preferred any complaint. According to the petitioners, they are the victims at the hands of the first accused.

4.The learned Additional Public Prosecutor appearing for the respondent has strongly objected for grant of bail on the ground that the investigation is yet to be completed.

5.Considering the facts and circumstances of the case, the nature of offence and A1 has already been granted bail, this Court is inclined to grant bail to the petitioners. 6.Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail on the following conditions:- i) The petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Oddanchatram, Dindigul District;

ii) The petitioners and the sureties shall submit a copy of their 3/5

Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

iii) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well.

iv) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail.

sd/- 20/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE, ODDANCHATRAM, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

4/5

3 THE OFFICER INCHARGE, SUB JAIL, PALANI, DINDIGUL DISTRICT.

4 THE INSPECTOR OF POLICE, ODDANCHATRAM POLICE STATION, DINDIGUL DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.T.VEERAKUMAR, Advocate ( SR-6781[I] dated 21/06/2024 ) +1 CC to M/s.P.VEERAPANDI, Advocate ( SR-6773[I] dated 21/06/2024 )

ORDER

IN Date :20/06/2024 SA/SAR. /21.06.2024/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5