Balakumar v. The State Through The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Balakumar, ... Petitioner / Accused No.2 Vs State through The Inspector of Police, Lalgudi Police Station, Trichy District.
(Crime No.450 of 2024) ... Respondent/Complainant For Petitioner : M/s.T.Leninkumar Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.450/2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of IPC, in Crime No.450 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and the other accused had committed a crime by cheating and grabbing money from the de-facto complainant. Hence, the complaint.
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 petitioner and the other accused are said to have promised the de-facto complainant to get a job in the ration shop and obtained a total sum of Rs.4,80,000/- and thereafter, they have returned only a sum of Rs.2,05,000/- alone and the balance amount being due and considering the fact that the cheque has also been issued to the de-facto complainant for a sum of Rs.1,00,000/-, which is said to have been bounced and considering the 2/5
fact that already this Court had also enlarged the co-accused on anticipatory bail, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.
5. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on 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 common 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.
3/5
(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 (f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 22/10/2024 / TRUE COPY / / /2024 Sub-Assistant Registrar ( CS-I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
pal 4/5
TO
1. The Judicial Magistrate, Lalgudi.
2. Do-Through, The Chief Judicial Magistrate, Trichy.
3. The Inspector of Police, Lalgudi Police Station, Trichy District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.18174 of 2024 Date : 22.10.2024 SI/ MMS/ / -(14.11.2024) 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5