N Kandasamy @ Mohan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY N Kandasamy @ Mohan, ... Petitioner/Accused(Rank not known) Vs The State of Tamilnadu, Rep. by the Inspector of Police, Lalgudi Police Station, Trichy District.
Crime No.Not Known of 2024..
... Respondent/Complainant For Petitioner : MR.T.Leninkumar, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervener : Mr.K.Sheenivasan, Advocate.
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.Not Known of 2024 on the file of the Respondent police.
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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 316(2) & 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Cr.No.Not Known of 2024, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner by giving a false promise to secure a government job for the defacto complainant, received a sum of Rs.4,80,000/- from her. Thereafter, neither he secured a job nor repaid the money. Hence, the complaint.
3.Heard both sides.
4. Even though, the case against the petitioner is in the CSR stage, considering the nature of the allegations in this case that promising to get a job in the Ration Shop, the petitioner is said to have obtained a total sum of Rs.4,80,000/- and thereafter, returned a sum of Rs.2,05,000/- alone and the balance amount being due, and considering the fact that a check has also been given for another sum of 2/5
Rs.1,00,000/-, which is said to be bounced, this Court is inclined to grant anticipatory bail to the petitioner 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 copy of this order, before the learned Judicial Magistrate, Lalgudi, 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 a.
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(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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 15/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE JUDICIAL MAGISTRATE LALGUDI.
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2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, LALGUDI POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-12510[I] dated 16/10/2024 )
ORDER
IN CRL OP(MD) No.17076 of 2024 Date :15/10/2024 SS/VR/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