Ganesan v. State Rep By The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Ganesan,
2. Kalyani, ... Petitioners/Accused Nos.1&2 Vs State Rep by the Inspector Of Police, Vijayanarayanam Police Station, Tirunelveli.
(Crime No.186/2024).
... Respondent/Complainant For Petitioner : M/s.A.Sivasubramanian, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Internor : Mr.R.Maheswaran, Advocate PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.186/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners/A1 & A2, who were arrested and remanded to judicial custody 1/4
on 31.07.2024 for the offences punishable under Sections 420, 294(b), 506(i) of IPC, in Crime No.186 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners received a sum of Rs.3,00,000/- from the defacto complainant by giving a false promise that he will secure VAO job. Thereafter, they neither arranged the job nor repaid the amount. Hence, the complaint.
3.Heard both sides.
4.Considering the fact that the petitioners are said to have obtained a total sum of Rs.3,00,000/- by promising to secure a job as a village administrative officer and also considering the fact that the petitioners are in jail from 31.07.2024, this Court is inclined to grant bail to the petitioners on certain conditions. 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, Nanguneri.
(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 report before the respondent police daily at 10.30 a.m., 2/4
for a period of three weeks and thereafter, as and when required for interrogation; (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 abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 12/09/2024 / TRUE COPY / 12 / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE JUDICIAL MAGISTRATE NANGUNERI.
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2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.
3 THE SUPERINTENDENT, SUB JAIL, KOKKIRAKULAM.
4 THE INSPECTER OF POLICE VIJAYANARAYANAM POLICE STATION, TIRUNELVELI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.15373 of 2024 Date :12/09/2024 PSP/ /SAR /12.09.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4