Narayan Jhawar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Narayan Jhawar ... Petitioner/Accused ( Sole Accused) Vs The State represented by The Inspector of Police, CCD-III, Ramanathapuram, Cr.No.07 of 2021.

... Respondent/Complainant For Petitioner : M/s.S.SURYA Advocate.

For Respondent : Mr.B.NAMBISELVAN Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.07 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 420 of IPC and Section 66D of the Information Technology (amendment) Act, 2008, in Crime No.7 of 2021, on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that the defacto complainant is a student, doing his final year in B.Tech Chemical Engineering. He has intended to buy a camera after seeing an advertisement in Whatsapp and paid Rs.10,000/- as advance through Gpay to a number mentioned therein. Thereafter, the petitioner offered more freebies and compelled the petitioner to buy them. Thereafter, the petitioner company received money from the defacto complainant with a false promise of repaying them, but failed to do so. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution.

4. The petitioner was directed to deposit a sum of Rs.15,000/- to the credit of the crime number before the trial Court.

5. It is informed this Court that the amount was deposited by the petitioner on 21.08.2023.

6. Considering the facts and circumstances of this case and in view of the developments, the interim protection granted by this Court is made absolute. The petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 of Cr.P.C., scrupulously. During the course of investigation, if any custodial 2/3

interrogation is required, the respondent may move the concerned Court for proper orders.

7. This Criminal Original Petition stands allowed. sd/- 04/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, CCD-III, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.13644 of 2023 Date :04/09/2023 SA/VRS/SAR. /13.09.2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3