Ammamuthu v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Ammamuthu ... Petitioner/Accused No.3 Vs The Inspector of Police, Vadaseri Police Station, Kanyakumari District.

(Crime No.141 of 2024).

... Respondent/Complainant For Petitioner :

Mr.R.Ponkarthikeyan, Advocate For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.141 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 120(B), 294(b), 420 and 506(2) IPC in Crime No.141 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant was in need of 1/4

money to perform her daughter's marriage. The defacto complainant was introduced to A1 and A2, who were doing money lending business. Thereafter, A1 and A2 introduced the petitioner (A3) stating that he is a money lender and doing money lending business. Believing the same, on 02.11.2023, the defacto complainant met the petitioner and entrusted the original sale deeds and blank cheques. Receiving the same, the petitioner assured that he will transfer a sum of Rs.5,00,000/- through RTGS. However, the amount was not transferred and as a result, the original documents and the blank cheques were also not returned back. There are totally five accused persons in this case and the petitioner has been arrayed as A3.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

4. Taking into consideration the facts and circumstances of the case and the nature of transaction between the parties and considering the fact that there are no previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is ordered and 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 from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Nagercoil, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees 2/4

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 said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. [c] the petitioner shall report before the respondent police every Monday and Friday at 05.30 p.m for a period of six weeks and thereafter, as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner 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 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]; and; 3/4

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 14/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, VADASERI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1 CC to M/s.R.PON KARTHIKEYAN, Advocate ( SR-14018[I] dated 14/11/2024 ) ORDER IN CRL OP(MD) No.19669 of 2024 Date :14/11/2024 RS//SAR-(25.11.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4