Thirunavukkarasu v. The Inespector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY R.Thirunavukkarasu, ... Petitioner/Accused Vs The Inespector of Police, Karimedu Police Station (Crime), Madurai City.

Crime No.403 of 2024..

... Respondent/Complainant For Petitioner : M/s.B.Sukumar, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : Mr.M.Natarajan, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C/ 482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.403 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 316(2), 318(4) and 351(2) of BNS, 2023, in Cr.No.403 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant approached the petitioner and asked for help to take amount by using credit card. But, the petitioner misused the same and take a sum of Rs.2,00,000/- without knowledge of the defacto complainant. Hence, the complaint.

3.Heard both sides.

4. Considering the undertaking made by the learned counsel for the petitioner that without prejudice to the contention of the petitioner, the petitioner is ready and willing to deposit a sum of Rs.2,00,000/- to the credit of the crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.As undertaken by him, the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two lakhs only) to the credit of Crime No.403 of 2024 before the learned Judicial Magistrate No.V, Madurai, without prejudice to his rights and contentions. 6.On such deposit being made, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of four 2/5

weeks from the date on which the order copy made ready, before the learned Judicial Magistrate No.V, Madurai, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial. [e] 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]. 3/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 22/08/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE NO.V MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INESPECTOR OF POLICE KARIMEDU POLICE STATION (CRIME), MADURAI CITY.

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

+1 CC to M/s.B.SUKUMAR, Advocate ( SR-10258[I] dated 22/08/2024 ) +1 CC to M/s.M.NATARAJAN, Advocate ( SR-10328[I] dated 23/08/2024 ) 4/5

ORDER

IN CRL OP(MD) No.13305 of 2024 Date :22/08/2024 PSP/ JGB /SAR /05.09.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5