Ranjith Kumar, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.22789 of 2018 RANJITH KUMAR ... PETITIONER/ACCUSED No.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, TOWN WEST POLICE STATION, DINDIGUL TOWN, DINDIGUL.

Crime No.450/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.P.KARTHICK Advocate For Respondent : Mr.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 420 and 506(i) of IPC, in Cr.No.450 of 2018 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant along with two others gave a sum of Rs.5 lakhs in favour of A1 and A2, for securing job. Thereafter, the accused persons have not secured job, for which, the defacto complainant preferred a complaint before the respondent police .

3.Heard the learned counsel appearing for the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the State would submit that the entire amount was repaid by the accused persons to the defacto complainant.

5.Considering the facts and circumstances of this case and also considering the fact that the amount involved in this case was repaid by the accused persons, this Court is inclined to grant anticipatory bail to the petitioner. 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.I, Dindigul, 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 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 learned 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., until further orders. (d)the petitioner shall not tamper with evidence or witness either during investigation or trial; (c)the petitioner shall not abscond either during investigation or trial;

(d)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 petitioners 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;

(e)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 25/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO I, DINDIGUL.

2.THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3.THE INSPECTOR OF POLICE, TOWN WEST POLICE STATION, DINDIGUL, DINDIGUL DISTRICT.

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

+1. CC to Mr.P.KARTHICK Advocate SR.No.3744

ORDER

IN CRL OP(MD) No.22789 of 2018 Date :25/02/2019 TK/PN/SAR-3/28.02.2019/3P/6C