Sethuraman 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 Sethuraman, ... Petitioner/Sole Accused Vs The Sub Inspector of Police, K.Pudur Police Station, Madurai City.
(Crime No.Not known of 2024).
... Respondent/Complainant For Petitioner : Mr.S.Sundarapandian, Advocate.
For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 BNSS PRAYER :- For Anticipatory Bail in Crime No.Not known of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner /Accused, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 420 and 506(ii) of IPC in Crime No.Not Known of 2024, seeks anticipatory bail. 1/5
2. The case of the prosecution is that the petitioner by giving false promise to arrange job in Abroad to the defacto complainant, he gave Rs.1,00,000/- from the defacto complainant and thereafter, he cheated him and he abused the defacto complainant in filthy language and also threatened him. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.Side) appearing for the State submitted that there was a money dispute between the parties and the enquiry is pending.
5. Considering the facts and circumstances of the case and also considering the nature of offence, I am inclined to grant anticipatory bail to the petitioners . 6.Accordingly, this Petition is allowed and the petitioners are granted anticipatory bail and he is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.VI, Madurai, on condition that the petitioners 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned 2/5
and on further condition that:
(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) the sureties shall affix his photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure his identity;
(c) the petitioner shall report before the respondent police daily at 10.30 am., until further orders;
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial; (f)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
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 25/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, K.PUDUR POLICE STATION, MADURAI CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.SUNDARAPANDIAN, Advocate ( SR-8573[I] dated 25/07/2024 ) 4/5
ORDER
IN CRL OP(MD) No.11545 of 2024 Date :25/07/2024 SA/JGB/SAR. /01.08.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5