Ponnuthai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ponnuthai, ... Petitioner/Sole Accused Vs The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.
Crime No.214/2024.
... Respondent/Complainant For Petitioner : Mr.C.Ezhilarasu, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : Mr.N.Balasubramanian PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.214/2024 on the file of the respondent Police.
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 Section 420 I.P.C, in Cr.No.214 of 2024, seeks anticipatory bail.
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2. The case of the prosecution is that the petitioner gave a false promise to the defacto complainant to secured a Government Job, demanded a sum of Rs.6,95,000/- and the said amount was given by the defacto complainant. After receiving the amount, the petitioner neither secured a job nor repay the amount to the defacto complainant and thereby, cheated the defacto complainant. Hence, the complaint.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Considering the nature of the allegations against the petitioner and considering the fact that there are no other allegations relating to job racketing and considering the undertaking of the learned counsel for the petitioner that to show her bonafide, the petitioner will deposit a sum of Rs.1,00,000/- to the credit of the crime number, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.
5. Accordingly, this Petition is allowed and the petitioner shall pay a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.214 of 2024 before 2/5
the Judicial Magistrate, Rajapalayam, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate, Rajapalayam.
6. On such deposit, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rajapalayam, 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 learned Magistrate concerned and on further conditions 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 am for a period of three weeks and thereafter as and when required for interrogation; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
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(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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 23/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE RAJAPALAYAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
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3 THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13933 of 2024 Date :23/08/2024 SS/GS/SAR- /03/09/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5