Muruganantham v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2024 PRESENT The Hon`ble Mr.Justice D. BHARATHA CHAKRAVARTHY Muruganantham, ... Petitioner/Accused Vs The Inspector of Police, Chinnalapatti Police Station Dindigul District.
... Respondent/Complainant For Petitioner : M/s.Babu Jaganath.R, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.41/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 07.07.2024 for the offences punishable under Sections 406, 415 and 420 IPC in crime No.41 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on promising to get a job in the Sri 1/4
Arulmigu Palani Aandavar Devasthanam, the petitioner herein has received a sum of Rs.6,50,000/- from the defacto complainant and subsequently, cheated him. Hence, the case.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.
4. Considering the nature of allegations made in the case that the petitioner has cheated the defecto complainant by promising a job in the Arulmigu Palani Aandavar Devasthanam and currently repaid only a sum of Rs.1,10,000/- and considering the arguments of the learned counsel for the petitioner that the petitioner to show his bonafide undertakes to deposit another sum of Rs.75,000/- to the credit of crime number, I am inclined to enlarge the petitioner on bail.
5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 Court, Aathoor, Dindigul District; (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; 2/4
(ii) the petitioner is directed to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of Crime No.41 of 2024 on the file of the learned Judicial Magistrate, Aathoor, Dindigul District as undertaken, without prejudice to his rights and contentions before the trial Court; (iii)the petitioner shall appear before the respondent Police daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation; (iv)the petitioner shall not tamper with evidence or witness; v)the petitioner shall not abscond during trial. vi)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]. (vii)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 09/08/2024 / TRUE COPY / 09/08/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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TRP TO 1 THE JUDICIAL MAGISTRATE, AATHOOR, DINDIGUL DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, DINDIGUL.
4 THE INSPECTOR OF POLICE, CHINNALAPATTI POLICE STATION DINDIGUL DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.R.BABU JAGANATH, Advocate ( SR-9736[I] dated 09/08/2024 ) ORDER IN CRL OP(MD) No.13061 of 2024 Date :09/08/2024 SA/09.08.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4