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Madras High CourtCRL OP(MD)/12689/2022granted

Makrand Shinde v. The Inspector Of Police

2022-08-08Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12689 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.12689 of 2022 1.Makrand Shinde 2.Praful Shanthilal Balai 3.Rajendra Balu 4.Dhayaneshwar Vaman Narayankar ...Petitioners/Accused Nos.1 to 4 Vs.

The State rep.by, The Inspector of Police, CCD-III Police Station,Theni District.

(Crime No.21 of 2022) ... Respondent/Complainant For Petitioners : Mr.T.Sivananthan, Advocate. For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor(Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.21 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A4, who were arrested on 06.06.2022 for the alleged offences under Sections 420 and 120(b) IPC r/w Section 67 and 67A of IT Act, 2008 in Crime No.21 of 2022 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the defacto complainant availed loan through online from one Speed loan App, which was connected through facebook. He provided his Aadhar Card, Pan card and bank account details etc to avail the aforesaid loan and later, the loan was sanctioned to his bank account. Later, during November, 2022, the he repaid the loan amount.

3.However, on 15.05.2022, the defacto complainant received a Whatsapp call, demanding him that if the loan amount is not paid, his nude photos will be sent to the members, who were in his contact list. Hence, the complaint.

4.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12689 of 2022 offence as alleged by the prosecution. He would further submit that the petitioners are in judicial custody from 06.06.2022. 5.The learned Government Advocate for the respondent submitted that most of the investigation has been completed and the final report is yet to be filed.

6.Considering the facts and circumstances of this case that most of the investigation is over, considering the fact that within few days the petitioners are entitled to statutory bail and considering the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions. 7.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Theni, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 08/08/2022 / TRUE COPY / 08/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.I, THENI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSPECTOR OF POLICE CCD-III POLICE STATION, THENI DISTRICT 4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

+1 CC to M/s.T.SIVANANTHAN, Advocate ( SR-8272[I] dated 08/08/2022 ) ORDER IN CRL OP(MD) No.12689 of 2022 Date :08/08/2022 mm MK/PN/SAR.II/08.08.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2