Vigneshwaran @ Pon Vigneshwaran v. 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 Vigneshwaran @ Pon Vigneshwaran ... Petitioner/Accused No.3 Vs State of Tamil Nadu, The Inspector of Police, Anna Nagar Police Station, Madurai City (Crime No.475 of 2024).

... Respondent/Complainant For Petitioner :

Mr.K.Dinesh, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor :

Mr.S.S.Sundarapandian, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.475 of 2024 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420 and 406 of I.P.C., in Crime No.475 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the accused persons cheated the defacto complainant to the tune of Rs.5,00,000/- by promising to surrender the innova car. 3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations in this case that the parties are said to be involved in the purchase and sale of the cars, it is stated that after getting money neither the car was supplied nor the money was returned and considering the argument of the learned counsel for the petitioner that he is only a broker and that broker commission has already been repaid by him and considering the overall facts and circumstances of the case that A2 has also been released on anticipatory bail and it is primarily alleged that it is the first accused who is the person who has received the money for supplying the Innova car and A2 and this petitioner are said to have been brokers, 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 2/5

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.6, 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 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 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 3/5

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 No.VI, Madurai.

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

3.The Inspector of Police, Anna Nagar Police Station, Madurai City.

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

+1 CC to M/s.K.DINESH, Advocate ( SR-13342[I] dated 29/10/2024 )

ORDER

IN CRL OP(MD) No.18320 of 2024 Date :28/10/2024 4/5

ED/ SS /SAR- (11/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5