Bheema v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Bheema ... Petitioners/Sole Accused Vs The State of Tamilnadu, Represented by the Inspector of Police, Jeeyapuram Police Station, Trichy District (Crime No.231 of 2024) ... Respondent/Complainant For Petitioner :

Dr.R.Alagumani, Advocate For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of the Bharatiya Nagarik Suraksha Sanhita.

PRAYER :- For Anticipatory Bail in Crime No.231 of 2024 on the file of the Respondent Police. 1/5

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 417, 420 and 506(i) of IPC in Crime No.231 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant had paid a sum of Rs.1,16,290/- to the petitioner for getting a loan to the tune of Rs.5,00,000/-. But no loan was obtained by the de-facto complainant. 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 in this case that the de-facto complainant is said to have parted with money on promise by the petitioner to avail loan from the bank, and considering the arguments of the learned counsel for the petitioner that on 21.07.2024, a legal notice was issued as if the de-facto complainant has lend money to the petitioner and the petitioner did not repay the same and the reply notice was also duly sent to the same, I am inclined to enlarge the petitioner on anticipatory bail.

5. Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, 2/5

Tiruchirappalli, 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.m. for a period of three weeks and thereafter, as and when required for the 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 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 No.III, Tiruchirappalli.

2.Do through the Chief Judicial Magistrate, Tiruchirappalli District.

3.The Inspector of Police, Jeeyapuram Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-12319[I] dated 07/10/2024 )

ORDER

IN CRL OP(MD) No.17114 of 2024 Date :04/10/2024 4/5

ED/ VR /SAR- (17/10/2024) 5P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5