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Madras High CourtCRL OP(MD)/14402/2024allowed

M.Pragadeesh v. The Inspector Of Police

2024-08-30Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY M.Pragadeesh ... Petitioner/Accused No.4 Vs The Inspector of Police, Karimedu Police Station, Madurai City.

(Crime No.127/2024).

... Respondent/Complainant For Petitioner :

M/s. Gangai Amaran.C, Advocate For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.127/2024 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 07.06.2024 for the offences punishable under Sections 406 and 420 I.P.C, in Crime 1/4

No. 127/2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the accused have promised the defacto complainant to arrange a job in the Government sector and received a sum of Rs.12,93,000/-. However, they have failed to arrange the job as promised and also did not repay the amount.

3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the facts and circumstances of the case and the nature of allegation and also considering the fact that the petitioner has borrowed money from the defacto complainant and did not repay the same and also considering that the petitioner is in jail from 31.07.2024, this Court is inclined to grant bail to the petitioner on certain conditions.

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 No.V, Madurai 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 shall report before the respondent police daily at 10.30 a.m., for a period of three weeks;

(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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]. sd/- 30/08/2024 / TRUE COPY / 30/08/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR To 1.The Judicial Magistrate No.V, Madurai District.

2.Do through the Chief Judicial Magistrate, Madurai District.

3/4

3.The Inspector of Police, Karimedu Police Station, Madurai City.

4.The Superintendent, Central Prison, Madurai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.GANGAI AMARAN, Advocate ( SR-10635[I] dated 30/08/2024 )

ORDER

IN CRL OP(MD) No.14402 of 2024 Date :30/08/2024 ED/ /SAR- (30/08/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4