Dilipanraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Dilipanraj ... Petitioner/Accused Rank No.2 Vs
1. The State Rep. By, The Inspector of Police, Sattur Taluk Police Station, Virudhunagar District.
Cr.No.252 of 2021.
... Respondent/Complainant
2. C.Raj Kumar ... Petitioner/Intervenor For Petitioner : M/s.Sudalaiyandi K, Advocate.
For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) For Intervenor : Mr.C.M.Arumugam, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.252 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 420, 465, 467, 471, 120B and 506(i) I.P.C, in Crime No.252 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and other accused are alleged to have cheated the defacto complainant by way getting money on promising to get a medical seat for his daughter. Hence, the complaint.
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3. The learned counsel for both the petitioner and the defacto complainant submitted that already the matter has been settled between parties. Out of Rs.23,00,000/- he has paid a sum of Rs.20,00,000/- and only the remaining amount of Rs.3,00,000/- has to be paid by the petitioner.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that this is a case of cheating and the investigation of the case is pending.
5. Considering the facts and circumstances of the case and also considering the fact that the matter has been settled between the parties and that only Rs.3,00,000/- has to be paid by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with the following conditions.
6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Sattur, Virudhunagar 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 condition that the petitioner shall pay the balance amount of Rs.3,00,000/- to the defcato complainant within a period of one month from the date of receipt of a copy of this order. The petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. If the petitioner fails to pay the balance amount within the stipulated time, the defacto complainant may move a petition for cancellation of anticipatory bail.
8. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 25/08/2022 / TRUE COPY / 08/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.II, SATTUR, VIRUDHUNAGAR DISTRICT.
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2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3. THE INSPECTOR OF POLICE, SATTUR TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.SUDALAIYANDI, Advocate ( SR-9155[I] dated 26/08/2022 )
ORDER
IN CRL OP(MD) No.20826 of 2021 Date :25/08/2022 trp USK/VR/SAR-I/08.09.2022/3P/6C 3/3