Abdul Kasim v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Abdul Kasim ... Petitioner/Accused No.1 Vs The State rep. by The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

(Crime No.18 of 2024) ... Respondent/Complainant For Petitioner :

Mr.K.R.Badurus Zaman, Advocate For Respondent :

Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.@ 438 of Cr.P.C @ 482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.18 of 2024 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420 and 506(i) IPC in Cr.No.18 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that on promising to get a job in abroad, the petitioner herein and other accused have received a sum of Rs.2,35,000/- from the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioner would submit that against the petitioner and the petitioner is innocent and he has not committed any offence as alleged by the prosecution and seeks anticipatory bail. 4.The learned Additional Public Prosecutor would submit that the entire amount transferred to A2's account and the investigation of the case is pending and hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the entrire amount transferred only to A2's account, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy 2/5

of this order, before the learned Judicial Magistrate, Manapparai on condition that the petitioner shall 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)the petitioner 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 petitioner shall report before the respondent police daily once in a week i.e., on every Saturday at 10.30 am until further orders; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 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]; and; 3/5

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

sd/- 15/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP To 1.The Judicial Magistrate, Manapparai.

2.Do through the Chief Judicial Magistrate, Trichy District.

3.The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.R.BADURUS ZAMAN, Advocate ( SR-7921[I] dated 15/07/2024 )

ORDER

IN CRL OP(MD) No.10131 of 2024 Date :15/07/2024 4/5

ED/ JGB /SAR- (29/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5