Selvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.03.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN 1.Selvam 2.Maragatham 3.Arthika 4.Mohanraj ... Petitioners/Accused Nos. 1 to 4 Vs State Rep.by The Inspector of Police, Thiruvonam Police Station, Thanjavur District.

(Crime No.339 of 2022) ... Respondent/Complainant For Petitioners : Mr.S.Deenadhayalan,Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.339 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 506(ii) IPC altered into Sections 294(b), 506(ii) and 420 IPC in Crime No.339 of 2022, seek anticipatory bail. 2.The case of the prosecution is that the petitioners were running chit fund and they have collected Rs.1,92,000/- from the defacto complainant and thereafter, refused to repay the said amount. Hence the case.

3.Heard and perused the materials available in the records. 1/3

4.The learned counsel appearing for the petitioners submitted that the petitioners are ready and willing to deposit the amount. 5.In view of the above submission, this court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners shall jointly deposit a sum of Rs.2,00,000/-(Rupees Two Lakhs only) to the credit of Cr.No.339 of 2022 before the learned Judicial Magistrate, Orathanadu, Thanjavur District, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition for anticipatory bail stand dismissed automatically.

6.On such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Orathanadu, Thanjavur District, on condition that the petitioners shall execute a 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and 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.

[b] the petitioners shall report before the respondent Police, daily at 10.30 A.M., for a period of two weeks and thereafter, as and when required for interrogation;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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]. 2/3

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 10/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE INSPECTOR OF POLICE THIRUVONAM POLICE STATION, THANJAVUR DISTRICT.

2 THE JUDICIAL MAGISTRATE, ORATHANADU, THANJAVUR DISTRICT.

3 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.

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

+1 CC to M/s.DEENADHAYALAN.S, Advocate ( SR-4175[I] dated 14/03/2023

ORDER

IN CRL OP(MD) No.12759 of 2022 Date :10/03/2023 PKP/BUC/SAR-2/21.03.2023/ 3P/6C 3/3