Jeyakumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Jeyakumar : Petitioner / Accused No.1 Vs The State of Tamil Nadu Represented by the Inspector of Police, Theppakulam Police Station, Madurai City, Madurai District.
(Crime No.24 of 2024) : Respondent/Complainant For Petitioner :
Mr.Niranjan S.Kumar, Advocate For Respondent :
Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) For Intervenor :
Mr.G.Mohan Kumar, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 24 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- 1/5
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 120B, 406 and 420 of IPC, in Crime No.24 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that A1 and the defacto complainant are close friends. They regularly had transactions between them. Taking into account the relationship between A1 and the defacto complainant, the defacto complainant is said to have handed over 92.25 sovereigns of gold to A1 on various occasions and in turn, A1 is said to have been pledged 44 sovereigns and A2 pledged 48 sovereigns, in the Federal Bank. A2 subsequently transferred the entire jewellery in the name of A5, who is the father of A1. Ultimately the defacto complainant was cheated.
3. Heard the learned counsel on either side and perused the material records of the case.
4. The learned Government Advocate (Criminal Side) on instructions, submitted that there are three previous cases pending against the petitioner for offence under Section 506(2) IPC.
5. Considering the claims and the counter claims made by the both parties, this Court referred the petitioner and the defacto complainant to the Mediation Centre and unfortunately, they were not able to reach a settlement and thereafter, the matter has been placed before the Court.
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6.Taking into consideration the facts and circumstances of the case and also considering the claims and counter claims made by both sides and that custodial interrogation may not be required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest 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.I, 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 on every Monday and Friday at 10.30 am until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
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[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 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 269 of BNS, 2023.
sd/- 09/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DAS To 1.The Judicial Magistrate No.I, Madurai.
2.Do through the Chief Judicial Magistrate, Madurai District.
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3.The Inspector of Police, Theppakulam Police Station, Madurai City, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.NIRANJAN S.KUMAR, Advocate ( SR-440[I] dated 10/01/2025 )
ORDER
IN CRL OP(MD) No.20703 of 2024 Date :09/01/2025 ED/ SKN /SAR- (24/01/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5