Vinothkumar 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 P.Vinothkumar ... Petitioner/Sole Accused Vs The State of Tamilnadu, Represented by the Inspector of Police, Mathichiyam Police Station, Madurai District (Crime No.346 of 2024) ... Respondent/Complainant For Petitioner :

Mr.A.Jayaramachandran, 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.346 of 2024 on the file of the Respondent Police.

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 406 and 420 of IPC in Crime No.346 of 2024 1/5

on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had obtained the total sum of Rs.2,60,000/- (Two Lakhs and Sixty Thousand only) from the de-facto complainant promising to admit her in Radiology course and thereafter, did not repay the same. Hence, this case.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Considering the fact that during the preliminary enquiry, the petitioner has already settled a sum of Rs.50,000/- (Rupees Fifty Thousand only) and the sum of Rs.2,10,000/- (Rupees Two Lakhs and Ten Thousand only) is remaining to be repaid, and also Considering the argument of the learned counsel for the petitioner that without prejudice to his contention, the petitioner will deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of the Crime No.346 of 2024, I am inclined to enlarge the petitioner on anticipatory bail.

5. Accordingly, this petition is allowed and as undertaken by the learned counsel for the petitioner, the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) within a period of two weeks from the date of receipt of a copy of this order to the credit of Crime No.346 of 2024 before the learned Judicial Magistrate No.II, Madurai, without prejudice to his rights and contentions before 2/5

the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate No.II, Madurai.

6. On production of such receipt, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.II, Madurai, 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; 3/5

(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 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.II, Madurai.

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

3.The Inspector of Police, Mathichiyam Police Station, Madurai District.

4/5

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

+1 CC to M/s.A.JAYARAMACHANDRAN, Advocate ( SR-12305[I] dated 07/10/2024 )

ORDER

IN CRL OP(MD) No.17147 of 2024 Date :04/10/2024 ED/ VR /SAR- (17/10/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5