D Martin Bose v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Dated: 14/09/2023 THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.14028 of 2023 D.Martin Bose : Petitioner/A1 Vs.

The State rep. by The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

(Crime No.37 of 2023) : Respondent/Complainant For Petitioner : Mr..K.P.Narayanakumar, 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.37 of 2023 on the file of the Respondent Police.

ORDER: The Court made the following order:- The petitioner, who is arrayed as A1 apprehends arrest at the hands of the respondent police for the offences punishable under sections 120(b), 406 and 420 IPC, 1/4

in Crime No.37 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner/A1 along with A3 received money from the de-facto complainant assuring job in abroad, but failed. Upon which, a case in Crime No.37 of 2023 was registered for the offences stated above. 3.Seeking anticipatory bail, this petition has been filed by the petitioner. 4.Heard both sides.

5.By order, dated 21/08/2023, the petitioner was directed to appear before the respondent police and give statement with regard to the payment of money, which is the subject matter of the complaint. He has also appeared before the respondent police and given statement. In the course of statement, Rs.1,79,800/- was transferred to the account of one Surendran, for which also, he has also produced the voucher. A3 was arrested, later released on bail. But during the course of investigation, nothing has been brought on record as to the money that was received by A3 from this petitioner and others.

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6.The learned Additional Public Prosecutor may advise the Investigating Officer accordingly with regard to the recovery of the above said amount. 7.In view of the above fact, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Nagercoil and on his executing 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 learned Judicial Magistrate concerned and on further condition that the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

sd/- 14/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To, 1.THE JUDICIAL MAGISTRATE NO.1, NAGERCOIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI @ NAGERCOIL.

3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-13724[I] dated 15/09/2023 ) ORDER IN Date :14/09/2023 RK /GB(22/09/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4