M.Maruthu Pandiyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN M.Maruthu Pandiyan ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, District Crime Branch Police Station, Trichy District.
(Crime No.18/2022) ... Respondent/Complainant For Petitioner : M/s.A.Karthick Kumar, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.18 of 2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner /A1 who was arrested and remanded to judicial custody on 27.04.2023 for the offences under sections 420 and 506(i) of IPC in Crime No.18 of 2022 on the file of the respondent police seeks bail.
2. The case of the prosecution is that the petitioner along with other accused have received a sum of Rs.22,00,000/- from the defacto complainant for getting job as hostel warden in Government College, later they neither secured job nor returned the money. When the defacto complainant questioned the same the petitioner herein threatened him with dire consequences, hence the case.
3. Heard both sides and perused the materials available on record including the First Information Report.
4. It is seen that the petitioner had illegal relationship with the victim, due to which there was dispute between them and as such the present complaint has been foisted as against the petitioner as 1/3
if he had received a sum of Rs.22,00,000/- inorder to get job to the defacto complainant. The petitioner also produced so many photos and whatsapp messages between them. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Judicial Magistrate No.I, Trichy and on further conditions that:
[b] 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. [c] the petitioner shall report before the respondent police daily at 10.30 A.M. for a period of four weeks and thereafter as and when required for interrogation.
[d] the petitioner shall not commit any offences of similar nature.
[e] the petitioner shall not abscond either during investigation or trial.
[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned Judicial 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 14/06/2023 / TRUE COPY / 14/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO 1 THE JUDICIAL MAGISTRATE NO.I, TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.
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4 THE INSPECTOR OF POLICE, DISTRICT CRIME BARANCH POLICE STATION, TRICHY DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.KARTHICK KUMAR, Advocate ( SR-8684[I] dated 14/06/2023 )
ORDER
IN CRL OP(MD) No.10421 of 2023 Date :14/06/2023 RS/VR/SAR-(14.06.2023) 3P 7C 3/3