Dineshdurai @ Kineshdurai v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Dineshdurai @ Kineshdurai

2. Jackson ... Petitioners/Accused No.1 & 2 Vs The State of Tamilnadu, Rep By, The Inspector of Police, Uvari Police Station, Tirunelveli District.

(Cr.No.191 of 2024.) ... Respondent/Complainant For Petitioners :

Mr.S.Mani, 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 Cr.No.191 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/accused who apprehends arrest at the hands of the 1/5

respondent police for the offences punishable under sections 406, 420, 506(i) IPC, in Crime No. 191 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant and A1 are known to each other. A1 had applied for a loan and for that purpose, he was in need of money. The defacto complainant gave nearly a sum of Rs.11,40,000/- lakhs and also jewelry of 50 sovereigns. Thereafter, the accused persons neither returned back the jewelry nor the money. Thus, they cheated the defacto complainant, which resulted in lodging of complaint before the respondent. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent. 4.Taking into consideration of the facts and circumstances of the case and considering the fact that there is a money transaction between the parties and this case may not be required custodial interrogation, this Court is inclined to grant anticipatory bail to the petitioners.

5.Accordingly, this criminal original petition is ordered and the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Radhapuram, Tirunelveli District, on condition that the petitioners shall execute a bond for a sum of 2/5

Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

[b] 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.

[c] the petitioners shall report before the respondent police on every Monday, Wednesday, Friday at 10.30 a.m., for a period of 4 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 3/5

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 absconds, a fresh FIR can be registered under Section 269 of BNS Act.

sd/- 09/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM To 1.The Judicial Magistrate, Radhapuram, Tirunelveli District.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Uvari Police Station, Tirunelveli District.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.21628 of 2024 Date :09/12/2024 ED/ SKN /SAR- (16/12/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5