Madras High CourtCRL OP(MD)/15151/2024allowed

Deepa v. The State Of Tamilnadu

2024-09-09Honourable Mr Justice D.Bharatha Chakravarthy5 pages

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

1. Deepa

2. Manikandan ... Petitioners/Accused Vs The Inspector of Police, Marthandam Police Station, Kanyakumari District.

(Crime 47 of 2024).

... Respondent/Complainant For Petitioners : Mr.G.Aravinthan, Advocate for M/s.Aran Legal Consultancy, For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.47/2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent 1/5

police for the offences punishable under Sections 406 and 420 I.P.C., in Crime No.47 of 2024, seek anticipatory bail.

2. The case of the prosecution is that the petitioners, by giving false promise to arrange job at Foreign country to the defacto complainant and his friends, received a sum of Rs.2,52,000/- each and thereafter, the petitioners returned Rs.2,00,000/- and cheated a sum of Rs.52,000/- and also threatened the defacto complainant. Hence, the complaint.

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 also considering that the allegation is relating to job racketing and considering the fact that there are totally 6 victims and the amount involved is Rs.9,00,000/- and the petitioners having already repaid Rs.5,50,000/- and considering the argument of the learned counsel for the petitioner that without prejudice to their contention of the case, the petitioners will deposit a sum of Rs.2,00,000/- to the credit of the crime number, I am inclined to enlarge the petitioners on anticipatory bail with certain conditions.

5. Accordingly, this Petition is allowed and the petitioners shall pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of Crime No.47 of 2024, before the Judicial Magistrate No.I, Kulithurai, without prejudice to their rights and 2/5

contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate No.I, Kulithurai.

6. On production of such receipt, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kulithurai, 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 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; (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 3/5

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]; and; (f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 09/09/2024 / 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 NO.I, KUZHITHURAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT.

3 THE INSPECTOR OF POLICE, MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4/5

+1 CC to M/s.G.ARAVINTHAN, Advocate ( SR-11120[I] dated 10/09/2024 ) ORDER IN CRL OP(MD) No.15151 of 2024 Date : 09/09/2024 BV/SAR- /20/09/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5