Maridurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Maridurai, ... Petitioner/Sole Accused Vs The Inspector of Police, Aruppukottai Taluk Police Station, Virudhunagar District.

Crime No.145 of 2024..

... Respondent/Complainant For Petitioner : M/s.Anand.K, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.145 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the 1/5

respondent police for the offences punishable under Sections 406, 420 and 506(i) of IPC, in Crime No.145 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner received a sum of Rs.9,00,000/- from the defacto complainant by giving a false promise that he would secure a job for the defacto complainant's son in Railway Department. Thereafter, neither he secured the job nor repaid the amount. Hence, the complaint. 3.Heard both sides.

4. Considering the nature of the allegations against the petitioner that he cheated the defecto complainant by promising him to secure a job for the defacto complainant's son in Railway Department and also considering the argument of the petitioner that without prejudice to his contentions, the petitioner will deposit a sum of Rs.3,50,000/- to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, as undertaken, the petitioner shall pay a sum of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) to the credit of Crime No.145 of 2024, 2/5

without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate, Aruppukkottai, Virudhunagar District.

6.On production of such receipt, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aruppukkottai, Virudhunagar District, 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 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; 3/5

(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/- 02/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE ARUPPUKKOTTAI VIRUDHUNAGAR DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE ARUPPUKOTTAI TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.K.ANAND, Advocate ( SR-10761[I] dated 03/09/2024 )

ORDER

IN CRL OP(MD) No.14446 of 2024 Date :02/09/2024 SS/VR/SAR- /12/09/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5