Mayathevan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Mayathevan, ... Petitioner/Accused No.3 Vs The State of Tamil Nadu, The Inspector of Police, City Crime Branch Police Station, Madurai City, in Crime No.34 of 2024.

... Respondent/Complainant For Petitioner : M/s. M.Jegadeesh Pandian, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- for Anticipatory Bail in Crime No.34 of 2024 on the file of the Respondent police ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120B, 406 and 420 IPC in 1/5

Crime.No.34 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that due to money dispute, the petitioner herein has threatened the defacto complainant with dire consequences. Hence, the complaint.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police and perused the materials available on record.

4. Considering the nature of allegations in this case that the defacto complainant has over a period of time from the year 2020 has totally parted with more than Rupees Six crores to illegally get quarry through the Minister and all the accused are said to have caused on the greed of the defacto complainant and considering the fact that the petitioner is said to have been a councillor in the Madurai Corporation and the argument of the learned Counsel for the petitioner that the petitioner has only three bank accounts and that he has not received any money as alleged by the de facto complainant through his bank transaction and that on his behalf he has repaid a sum of Rs.30,00,000/- to the de facto complainant, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a 2/5

copy of this order, before the learned Judicial Magistrate No.I, Madurai 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 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 three weeks and thereafter, as and when required for interrogation; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(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; 3/5

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

sd/- 01/10/2024 / TRUE COPY / / 10 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDUCIAL MAGISTRATE NO.I MADURAI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, CITY CRIME BRANCH POLICE STATION, MADURAI CITY,

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

+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-12041[I] dated 01/10/2024 ) 4/5

ORDER

IN CRL OP(MD) No.16276 of 2024 Date :01/10/2024 PSP/ JGB /SAR /18.10.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5