Madras High CourtCRL OP(MD)/12774/2023granted

Sudha v. The Inspector Of Police

2023-07-19Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Sudha 2.Sharmila ... Petitioners/Accused Nos.2 & 3 Vs State Rep.by The Inspector of Police, District Crime Branch, Karur, Karur District.

Crime No.14 of 2021.

... Respondent/Complainant For petitioners :

Mr. P.Krishnasamy, Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.14 of 2021 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.2 and 3, who were arrested on 26.06.2023 for the alleged offence under Sections 120(B), 406, 420, 465, 468 of IPC, in Crime No.14 of 2021, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant has lodged a complaint stating that A1 to A3 jointly made promise that they will arrange Government Job, for that, they demanded Rs.14,00,000/-. They also stated that the money shall be paid to the Minister and he must also join as a Member of the political 1/3

party. In 2018, in the presence of one Senthil and his wife, a sum of Rs.14,00,000/- was paid. All the three persons promised that he will receiving the appointment order. On 31.11.2018, they handed over the appointment order and asked him to join the duty. When he was about to join the duty, he came to know that the appointment order is fake in nature. On the basis of the complaint, the case was registered. 3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. The first accused introduced his relatives namely Senthil and his wife Sangeetha to the defacto complainant. Thereafter, the defacto complainant approached the above said Senthil and his wife for obtaining job and also paid Rs.14,00,000/- to them only.

These petitioners have not received any amount from the defacto complainant. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that all the accused persons have received a sum of Rs.96,50,000/- from twelve victims to get the Government job, but they have not get the job and refused to return the amount. These petitioners have already granted anticipatory bail by this Court in Crl.O.P(MD) No.14163 of 2022, dated 16.03.2023. But later it was came to know that the petitioners were arrested due to non-compliance of the above said order.

5. Clarification sought for from the both sides as to what happened after the above said order.

6. The learned counsel for the petitioners would submit that the petitioners could not comply the above said order, so that it was cancelled automatically. Thereafter, they were arrested on 26.06.2023 and are still in custody. 7.Considering the facts and circumstances of this case and considering the period of incarceration and limited allegations made against these petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. 8.Accordingly, this Criminal Original Petition is allowed and the petitioners shall deposit a sum of Rs.3,00,000/- each to the credit of Crime No.14 of 2021 on the file of the learned Judicial Magistrate No.II, Karur, within a period of two weeks from the date of receipt of copy of this order and on such deposit, the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the 2/3

satisfaction of the learned Judicial Magistrate No.II, Karur District, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 19/07/2023 / TRUE COPY / 19/ 07 /2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Indu TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR, KARUR DISTRICT.

4 THE SUPERINTENDENT CENTRAL PRISON FOR WOMEN, TRICHY DISTRICT.

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

+1 CC to M/s.P.KRISHNASAMY, Advocate ( SR-10929[I] dated 19/07/2023 ) ORDER IN CRL OP(MD) No.12774 of 2023 Date :19/07/2023 RS/MMS/SAR-(19.07.2023) 3P 7C Madras High Court is issuing certified copies in this format from 17/07/2023 3/3