Muthaiah v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Muthaiah ... Petitioner/1st Accused Vs The Inspector of Police, Anna Nagar Police Station, Madurai City, (Crime No.475 of 2024) ... Respondent/Complainant For Petitioner : Mr.B.Ramanathan 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.475 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/accused No.1, who apprehends arrest at the hands of the 1/5
respondent police for the offences punishable under sections 420 and 406 IPC 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 received a total sum of Rs.5 lakhs from the defacto complainant with a promise that the first accused will sell the Innova car to the defacto complainant. After receiving the amount, the car was not sold to the defacto complainant.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and also considering the transaction between the parties and also taking into account the fact that the Accused Nos.2 and 3 were already granted anticipatory bail by this Court and the entire case is borne out by records, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.
5. Accordingly, 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 2/5
date of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, 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 said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioner shall report before the respondent police daily at 05.30 p.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]; and; [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 25/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TA TO 1 THE JUDICIAL MAGISTRATE NO.VI MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.K.DINESH, Advocate ( SR-14493[I] dated 25/11/2024 )
ORDER
IN CRL OP(MD) No.20411 of 2024 Date :25/11/2024 SS/VR/SAR- /02/12/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5