Kallaganadi v. The Inspector Of Police
CRL OP(MD). No.12449 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12449 of 2022 Kallaganadi ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Cyber Crime Wing, Tenkasi.
Crime No.6 of 2022.
... Respondent/Complainant For Petitioner : Mr.S.Balamurugan, Advocate.
For Respondent : Mr.R.M.Anbunithi Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-For Bail in Crime No.6 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.4 herein, who was arrested on 07.06.2022 for the alleged offence under Section 420 IPC and Section 66 of IT Act in Crime No.6 of 2022, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that defacto complainant received a phone call from the number 9361287577 on 23.12.2020 and he promised to secure a job for his son and also asked him to deposit a sum of Rs.5,00,000/- through Bank account. Thereafter, the defacto complainant has transferred totally a sum of Rs.3,15,000/- on various dates and later, he was cheated by him. Hence, the case has been registered.
3. During the course of enquiry, the learned counsel for the petitioner submitted that already part of the amount paid to the defacto complainant and only remaining amount of Rs.1,15,000/- has to be paid to the defacto complainant and he has also filed an undertaking affidavit for repaying the balance amount. https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.12449 of 2022 4.The learned Additional Public Prosecutor submitted that the investigation of the case is pending.
5.Considering the period of incarceration and the fact that the petitioner has filed an undertaking affidavit for repaying the balance amount, this Court is inclined to grant bail to the petitioner with stringent conditions.
6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 learned Judicial Magistrate, Alangulam, and on further condition that the petitioner shall repay the balance amount of Rs.1,15,000/- (Rupees One Lakh and Fifteen Thousand only) on or before 31.08.2022 to the defacto complainant and the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. If the petitioner fails to repay the amount as per the undertaking, the respondent police is directed to take steps to secure the accused. sd/- 08/08/2022 / TRUE COPY / 08/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ALANGULAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, KOKIRAKULAM, TIRUNELVELI.
4 THE INSPECTOR OF POLICE CYBER CRIME WING, TENKASI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.12449 of 2022 Date :08/08/2022 TRP MK/VR/SAR.II/08.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2