Aswin Kumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Aswin Kumar, ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Mathichayam Police Station, Madurai City, Cr.No.311 of 2024.

... Respondent/Complainant For Petitioner : Mr.Mohamed Ibrahim J, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.311/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the 1/5

respondent police for the offences punishable under Sections 294(b), 406, 420 and 506 (i) of IPC, in Crime No.311 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner induced the defacto complainant that he has one friend, who is giving loan with low interest. Believing the same the defacto complainant, gave 13 1⁄2 sovereigns of gold jewels to the petitioner and got Rs.3,50,000/- loan amount. After she paid the entire amount, the petitioner refused to return her jewels, abused her in filthy language and gave a life threat to her.

3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations in this case that the petitioner and the defacto complainant are living together, the petitioner got the jewels of the defacto complainant and treated the defacto complainant and considering the fact that the earlier complaint was given and when the petitioner moved the anticipatory bail in Crl.O.P.(MD)No.18917 of 2023, the same was ordered with a direction to complete the enquiry within two weeks and in the enquiry both of them appeared and they have made a statement that they will further approach the appropriate Court for relief and that petition being closed and once again now subsequently on the threat made by 2/5

the complaint has been made, 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 arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 two weeks and thereafter, as and when required for 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 3/5

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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 25/10/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, MATHICHAYAM POLICE STATION, MADURAI CITY, 4/5

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MOHAMED IBRAHIM J Advocate SR.No.13332(I) dated 29/10/2024

ORDER

IN CRL OP(MD) No.18265 of 2024 Date :25/10/2024 PSP/ GSV /SAR /25.11.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5