M.Pandiyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15268 of 2023 M.Pandiyan ... Petitioner/Accused No.3 Vs The State, represented by The Inspector of Police, District Crime Branch Police Station, Trichy District.
(Crime No.18 of 2022). ... Respondent/Complainant For Petitioner : Mr.K.Dinesh, 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.18 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/3rd Accused, apprehending arrest at the hands of the respondent 1/5
Police for the alleged offence punishable under Section 420 and 506(i) of I.P.C, in Crime No.18 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the accused persons received a sum of Rs.22,00,000/- from the de-facto complainant for getting job as Hostel Warden in a Government College. Later, they neither secured job nor returned the money. When the de-facto complainant questioned the same, the accused persons threatened him with dire consequences.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged occurrence. He further submitted that the petitioner was arrayed as an accused on the sole ground that he is the father of A1 and he is having no idea about that the transaction between the accused No.1 with the defacto complainant.
4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the second accused who is the mother of first accused has been granted anticipatory bail by this Court in Crl.O.P(MD) No.12048 of 2023. This petitioner is the father of the first accused. Further, out of the Court, settlement is also going between the parties.
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5. The second accused has been granted anticipatory bail Crl.O.P(MD) No.12048 of 2023 by making elaborate discussion with regard to the above issue. So, the facts need not be repeated.
6. But however, considering the facts and circumstances of the case, also considering the role that has been allegedly played by the petitioner, he is standing in the very same footing of the second accused, who was granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.1, Trichy and on her 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 daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 3/5
8. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 22/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE JUDICIAL MAGISTRATE NO.1 TRICHY 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, TRICHY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.K.DINESH, Advocate ( SR-12709[I] dated 24/08/2023 )
ORDER
IN CRL OP(MD) No.15268 of 2023 Date :22/08/2023 SSA/VRS/01.09.2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5