Chelladurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2024 PRESENT The Hon'ble Mr.Justice A.A.NAKKIRAN Chelladurai, ... Petitioner/A4 Vs The Inspector of Police, DCB Police Station, Sivganga, Sivaganga District.

Cr.No.7/2024.

... Respondent/Complainant For Petitioner : Mr.A.Abdul Wahab, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For intervenor : Mr.R.Vinothkumar, Advocate PETITION FOR BAIL Under Sec.483 of B.N.S.S (439 of Cr.P.C.) PRAYER :- For Bail in Crime No.7 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 1/4

08.06.2024 for the offences punishable under Sections 406, 420, 506(1) and 120(B) IPC in Crime No.7 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that A1 and other accused had received a sum of Rs.8,55,000/- from the defacto complainant's husband for securing a job in abroad and subsequently, cheated him. Further, they have also threatened him with dire consequences. Hence, the case.

3. This Court by order dated 11.07.2024, granted interim bail to the petitioner till today i.e., 25.07.2024, since there was a possibility for settling the matter amicably between the parties. Now, a report has been received from the Mediation Centre, wherein it has been stated that the matter has been settled. Hence, 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 (one of which shall be a blood surety) each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sivagangai 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.

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[c] the petitioner shall appear before the respondent police 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/- 25/07/2024 / TRUE COPY / 29/07/2024 Sub-Assistant Registrar( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.II SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE DCB POLICE STATION, SIVGANGA, SIVAGANGA DISTRICT. 4 THE OFFICER INCHARGE, SUB JAIL, SIVAGANGAI.

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

ORDER

IN CRL OP(MD) No.10017 of 2024 Date :25/07/2024 SS/SAR- /29/07/2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4