A.Manikandan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY A.Manikandan ... Petitioner/Accused Vs The Inspector of Police, Elumalai Police Station, Madurai District.

Crime No.184 of 2024 ... Respondent/Complainant For Petitioner : Mr.SC.Herold Singh, 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.184 of 2024 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence under Sections 406, 420, 294B, 506(1) IPC, in Crime No.184 of 2024, seeks anticipatory bail.

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2.The case of the prosecution is that the petitioner received an advance of Rs.5,00,000/- from the defacto complainant for purchasing the property. Thereafter, the defacto complainant presuming that the petitioner is deceiving him, had asked for return of advance amount and the same was not returned by the petitioner. Hence, the complaint.

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

4. The learned Counsel for the petitioner submitted that even as per the allegation that an amount payable was Rs.5,00,000/- and Rs.2,50,000/- was already paid and the balance amount of Rs.2,50,000/- is not paid. On the self same allegation, the defacto complainant has got a cheque and a complaint under Section 138 of the Negotiable Instruments Act is also pending.

5. In view thereof, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.

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6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of his arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Usilampatti, 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 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 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 one week 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 petitioner shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioner 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 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/- 06/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR TO 1 THE JUDICIAL MAGISTRATE NO.II USILAMPATTI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

THE INSPECTOR OF POLICE, ELUMALAI POLICE STATION, MADURAI DISTRICT.

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

+ 1 CC TO Mr.SC.Herold Singh, ADVOCATE IN SR No.50265(F) DATED 10/09/2024

ORDER

IN CRL OP(MD) No.14920 of 2024 Date :06/09/2024 SS/JGB/SAR- /26/09/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5