Vani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Vani

2. Kannan ... Petitioners/Accused NO.1&2 Vs The State rep.by, The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

Crime No.283 of 2023..

... Respondent/Complainant For Petitioners : M/s.Veerakumar T, Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.283 of 2023 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of IPC, in Crime No.283 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that by giving false promise to the defacto complainant to arrange a Government job for her, the first petitioner received Rs.7,00,000/- through Bank transaction from the defacto complainant. When the defacto complainant requested the petitioners to get back her money, the petitioners failed to repay the money to her. Hence, the complaint. 3.The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the above said money handed over to one Prasad Kumar and he further submitted that he has also given a complaint against him. During the course of enquiry, the above said Prasad Kumar has given undertaking that he will settle the entire issue and thereafter, he did not turn up. 2/5

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that no previous case is pending against the petitioners and the petitioners cheated the defacto complainant by receiving a sum of Rs.7,00,000/- (Rupees Seven Lakhs Only).

5.The learned counsel for the petitioners submitted that the entire amount was deposited to the above said Prasad Kumar's Bank account and he has also produced the vouchers to that effect and he further submitted that the petitioners are ready to co-operate the investigation.

5.Considering the facts and the circumstances of this 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, however, with stringent conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Thirumangalam, Madurai District, and on their executing 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 the petitioners shall appear before the respondent 3/5

police on every Saturday at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

8. The petitioners are directed to co-operate to the respondent police to complete the process of investigation by producing the relevant documents and during the course of enquiry, the Investigating Officer shall taken into account the complaint given by the petitioners against one Prasad Kumar. sd/- 19/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO 1.THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT. 4/5

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT.

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

+2. CC to M/S.VEERAKUMAR T Advocate SR.No.11040(I), 34755(F)

ORDER

IN CRL OP(MD) No.12735 of 2023 Date :19/07/2023 RK/VRS (04/08/2023) 5P /7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5

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