R.Dharshini 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 1.R.Dharshini 2.R.Nagammal ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police, Karimedu Police Station, Madurai District Crime No. 127/2024.
... Respondent/Complainant For Petitioner : Mr.C.Gangai Amaran, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No. 127 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 07.06.2024 for the offences punishable under Sections 406 and 420 IPC in Crime No.127 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the accused have promised the defacto 1/4
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. Hence, the complaint.
3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent Police.
4. Considering the nature of allegations against the petitioners and considering the fact that the petitioners are in jail from 07/6/2024 and considering the fact that the final report has already been filed and the same is taken on file in C.C.No.1440 of 2024 on the file of the Judicial Magistrate No.V, Madurai, I am inclined to enlarge the petitioners on bail.
5. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing 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 learned Judicial Magistrate No.V, Madurai. (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; (ii)the petitioners shall appear before the concerned Court on all hearing dates without fail;
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(iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners 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 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 Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 02/09/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRTE NO.V, MADURAI.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
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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-10696[I] dated 02/09/2024 )
ORDER
IN CRL OP(MD) No.14593 of 2024 Date :02/09/2024 PSP/ /SAR /02.09.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4