Chettiyanan @ Jayam Sekar v. The State Of Tamilnadu Rep By The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.18681 of 2024
1. Chettiyanan @ Jayam Sekar
2. C.P.Saravanan
3. K.Palaniappan @ Jayamurugan
4. K Marimuthu Alais Maathu ... Petitioners/Accused Nos.1 to 4 Vs The State of Tamilnadu, Rep By the Inspector of Police, Thottiyam Police Station, Trichy District.
Crime No.122/2024.
... Respondent/Complainant For Petitioners : A.Rajakumar., Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For intervenor : Mr.N.Sudhagar Nagaraj PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.122/2024 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners / Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 IPC in Crime No.122 of 2024, seek anticipatory bail.
2. The case of the prosecution is that the petitioners herein have purchased the raw materials for fodder from the defacto complainant's shop and thereafter, failed to repay the amount. Hence, the case.
3. Heard the learned counsel for the petitioners and the learned Government Advocate appearing for the respondent Police and perused the materials available on record.
4. Considering the nature of allegations in this case that the petitioners after getting the supply of poultry feed did not repay the amount and a sum of Rs.10,76,657/- was being due as on date and considering the submission made by the learned counsel for the petitioners that without prejudice to their rights and contentions they are ready and willing to deposit a sum of Rs.1,00,000/- to the credit of the crime number, I am inclined to enlarge the petitioners on anticipatory bail.
5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of three weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thottiyam on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioners 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 petitioners shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) each to the credit of Crime No.122 of 2024, before the Court concerned, without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties; (c)the petitioners shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation; (d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial; (f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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; (g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 30/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THOTTIYAM.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.18681 of 2024 Date :30/10/2024 MGJ/SKN(15.11.2024) 5P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023