Ganapathy Ram v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY 1.Ganapathy Ram, 2.Shanmugasundaram ... Petitioners/A1 & A2 Vs The State of Tamilnadu, Represented by the Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District (Crime No.179 of 2024) ... Respondent/Complainant For Petitioner : Mr.G.Thiruvarutselvan, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.179 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 294(b), 506(i) of IPC, in Crime No.179 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the de-facto complainant had given a sum of Rs.17,30,000/- to the accused No.2 to purchase the house of the accused No.2. Having received the said money, both the accused had refused to sell their house property, and had not repaid the amount too. Hence, this case.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Considering the nature of the allegations that accused No.1 borrowed the money by way of hand loan, and considering the fact that he promised to repay the same after selling the house, but neither sold the house nor repaid the money, I am inclined to enlarge the petitioners on anticipatory bail. 2/5
5. Accordingly, the petitioners are ordered to be released on bail in the event of their 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, Ambasamuthiram, Tirunelveli District, on condition that the petitioners 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 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 a.m. for a period of three weeks and thereafter, as and when required for the interrogation.
(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;
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(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 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/- 04/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MKN TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUTHIRAM, TIRUNELVELI DISTRICT.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, KALLIDIKURICHI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17092 of 2024 Date :04/10/2024 SS/JGB/SAR- /19/10/2024/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5