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Madras High CourtCRL OP(MD)/18502/2019granted

T. Sasikumar v. The Inspector Of Police

2020-02-12Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.18502 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.18502 of 2019 T.Sasikumar ... Petitioner/Accused Not Known Vs The State rep.by The Inspector of Police, District Crime Branch, Karur District.

Crime No.3/2020 ... Respondent/Complainant For Petitioner : M/s.P.Mahendran, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.3 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 406 and 420 of I.P.C., in Crime No. 3 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. It appears to be a case of job racketing. There are three witnesses and a total amount involved is more than Rs.8 Lakhs. The petitioner claims that he passed on the amount to one Karthikeyan but only a portion of the amount was returned. 4.Be that as it may, the petitioner is willing to show his bonafide by depositing a sum of Rs.3,50,000/-(Rupees Three Lakhs and Fifty Thousand only) to the credit of Crime No.3 of 2020 before the jurisdictional Magistrate within a period of two weeks from the date of receipt of a copy of this order. The said amount can be disbursed to the victims on proportionate basis after due enquiry. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.18502 of 2019 5.Since the petiitoner has shown his bonafide, I am of the view that the formal arrest and interrogation is not necessary. However, the petitioner is directed to appear before the respondent daily at 10.30 a.m., for a period of two weeks and fully co-operate with the enquiry by sharing all the details. It is made clear that if the petitioner does not co-operate by parting with all the details regarding Karthikeyan and other aspects, the prosecution is at liberty to move this Court for cancellation of anticipatory bail.

6. Subject to this condition, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Karur, and on his executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 12/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO I, KARUR.

2.THE CHIEF JUDICIAL MAGISTRATE,KARUR DISTRICT. 3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR DISTRICT.

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

+1. CC to M/S. P. MAHENDRAN Advocate SR.No.5981

ORDER

IN CRL OP(MD) No.18502 of 2019 Date :12/02/2020 PNN TK/JC/SAR.4/17.02.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2