Madras High CourtCRL OP(MD)/14300/2024allowed

Thamilarasan v. The Inspector Of Police

2024-09-04Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Thamilarasan

2. Alaguraja

3. Dass ... Petitioners/Accused No.1 to 3 Vs The Inspector of Police, Ponnamaravathi Police Station, Pudukottai District, Crime No.105 of 2024 ... Respondent/Complainant C.Kalaimani ... Petitioner/Intervener/Defacto Complainant in Crl MP(MD).9329/2024 in Crl OP(MD).14300/2024 For Petitioner :

Mr.G.Karuppasamypandiyan, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor :

Mr.S.Bharathy Kannan, Advocate PETITION FOR ANTICIPATORY BAIL UNDER SEC 482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.105 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/4

The petitioners / Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 294(b), 406, 420 and 506(ii) I.P.C, in Cr.No. 105 of 2024, seek anticipatory bail.

2. The case of the prosecution is that the petitioners, being the office bearers of the Sangam, instead of properly opening an account in the name of the Sangam itself, had opened the account in their individual and joint names and thereby cheated the amount of Rs.58,45,429/- 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 allegation that the petitioners being the office bearers of the Sangam, instead of properly opening an account in the name of the Sangam itself, had opened the account in their individual and joint names and considering the fact that the amount of Rs.42,00,000/- is available in the accounts and already letter is given by the investigation officer, to freeze the amount, pending the investigation, I am of the view that this is a fit case for grant of anticipatory bail to the petitioners with certain conditions.

5. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial 2/4

Magistrate, Ponnamaravthi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a)the petitioners 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 petitioners 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. It is made clear that no relaxation of the condition for the said period will be entertained by this court;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme 3/4

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/- 04/09/2024 / 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, PONNAMARAVATHI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, PONNAMARAVATHI POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER IN CRL OP(MD) No.14300 of 2024 Date :04/09/2024 RS/SG/SAR-(20.09.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4