Meenachisundareswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Meenachisundareswaran ... Petitioner/Accused Rank Not Known Vs The State Rep. By, The Inspector of Police, District Crime Branch, Karur.

(Crime No.24 of 2022) ... Respondent/Complainant For Petitioner : M/s.Gokul Raj.S, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.24 of 2022 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 offences punishable under Sections 406 and 420 of I.P.C, in Crime No.24 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the accused had received a sum of Rs.20,20,000/- from various persons and assured them to arrange Government Job and thereafter, they cheated them and also refused to return the said amount. Hence, the complaint. 3.

The learned counsel for the petitioner would submit that the petitioner is running a matrimonial centre at Karur, for arranging marriage in the locality. The first accused had approached the petitioner as if she was deserted by her husband and got divorce. Further, she requested the petitioner to arrange the second marriage. In the meantime, the first accused had requested to give details of the bank account of the petitioner stating the friends of the first petitioner would deposit the amount for marriage.

Believing the words, the petitioner had given his account number and after some time, the amount deposited by other persons was withdrawn by the petitioner and handed over to the first accused. He would further submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. Hence, he may be granted anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that it is a clear case of job racketing and the accused persons cheated the fourteen persons to the tune of Rs.20,20,000/-. He would further submit that investigation in this case is not yet completed. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that main allegation are against A1 and also the fact that no serious allegation has been levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on 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.I, Karur, Karur 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 Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner is directed to deposit a sum of Rs.1,50,000/- (Rupees One Lakhs Fifty Thousand only) to the credit of Crime No.24 of 2022 before the learned Judicial Magistrate No.I, Karur, Karur District, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties.

[c]the petitioner shall report before respondent police daily at 10.30 a.m., until further orders.

[d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioner shall not abscond either during investigation or trial.

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[f]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]. [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 07/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, KARUR, KARUR DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR.

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

+1 CC to M/s.S.GOKUL RAJ, Advocate ( SR-12602[I] dated 08/11/2022 )

ORDER

IN CRL OP(MD) No.18789 of 2022 Date :07/11/2022 cp USK/SSS/SAR-I/17.11.2022/3P/6C 3/3