Karthik v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Karthik,

2. Saranya, ... Petitioners/Accused 2 & 3 Vs The Inspector of Police, DCB Theni Police Station, Theni District Crime No 11 of 2024.

... Respondent/Complainant For Petitioner : M/s.VENNILA S, Advocate.

For Respondent : Mr.M.VAIKKAM KARUNANITHI, Government Advocate (Crl.Side) For Intervenor : Mr.A.MOHAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C/ 482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.11 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 417, 420, 120(b), 294(b), and 506(i) of IPC, in Crime No.11 of 2024, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with the other accused cheated the company's amount. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to deposit a sum of Rs.2,50,000/-(Rupees Two Lakhs and Fifty Thousand only) each, to the credit of Crime No.11 of 2024.

4.The learned Government Advocate(Crl.Side) appearing for the respondent police would submit that no previous case is pending against the petitioners. 5.Considering the facts and circumstances of the case and also the fact that no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners shall deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only)each, to the credit of Crime No.11 of 2024 on or before 26.07.2024, before the learned Judicial Magistrate Court, Theni, without 2/5

prejudice to their rights and contentions before the trial Court and produce the receipt before the trial Court.

7.On production of such receipt, 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 of receipt of a copy of this order, before the learned Judicial Magistrate Court, Theni, 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 learned Magistrate concerned and on further conditions 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 on every Saturday at 10.30 a.m., until further orders.

(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 3/5

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

sd/- 12/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE, DCB THENI POLICE STATION, THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.VENNILA, Advocate ( SR-7983[I] dated 16/07/2024 ) 4/5

ORDER

IN CRL OP(MD) No.9873 of 2024 Date :12/07/2024 SA/VR/SAR. /24.07.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5