M Srinivasan @ Seenivasan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY M Srinivasan Alias Seenivasan, ... Petitioner/Accused No.3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, District Crime Branch, Tenkasi District Crime No. 6/2024.

... Respondent/Complainant For Petitioner : Mr.V.Kathirvelu Senior Advocate for M/s. Prabhu.K,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.6 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent 1/5

police for the offences punishable under Sections 406, 465, 468 and 420 of IPC in Crime No.6 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner, by giving a false promise to secure job in TNEB, received a sum of Rs.6,00,000/- from the defacto complainant. Thereafter, neither he secured a job nor he repaid the money. 3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations that the petitioner and the other accused promised job and cheated the defacto complainant to the tune of Rs.6,00,000/- and this petitioner only introduced the defacto complainant to the prime accused and also forwarded the fake appointment order through his WhatsApp account, and only considering the argument of the learned Senior counsel for the petitioner that, without prejudice to the rights and contentions in the case, the petitioner will deposit the sum of Rs.3,00,000/- to the credit of the crime number, I am inclined to enlarge the petitioner on anticipatory bail, with certain conditions: 5.As undertaken given by him, the petitioner shall deposit a sum of Rs.3,00,000/- (Rupees Three lakhs only) to the credit of Crime No.6 of 2024 before the learned Judicial Magistrate Court, Tenkasi, without prejudice to his rights and contentions, within a period of two weeks from the date of receipt of a copy of this 2/5

order.

6.On such deposit being made, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days thereafter, before the learned Judicial Magistrate Court, Tenkasi, 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 three 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 Court is entitled to take appropriate action against the petitioner in accordance with 3/5

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/- 28/10/2024 / 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, TENKASI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT. 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TENKASI DSITRICT

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

+1. CC to M/S. PRABHU.K Advocate SR.No.13409(I) dated 29/10/2024 4/5

ORDER

IN CRL OP(MD) No.18323 of 2024 Date :28/10/2024 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