Suresh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Suresh ... Petitioner / Accused No.5 Vs The State of Tamil Nadu Represented by the Inspector of Police, Thanjavur DCB Police Station, Thanjavur.

(Crime No.22 of 2024) ... Respondent/Complainant For Petitioner : Mr.R.Surya Prakash, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 22 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 1/5

the alleged offences under Sections 406, 420 and 465 of IPC, in Crime No.22 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant was introduced by A2 and A3 to A1. By showing some appointment orders, he was given a false promise that they can secure an appointment for the defacto complainant in the Electricity Board. Believing the same, the defacto complainant had parted with the sum of Rs.15 lakhs. The amount was not returned back and hence, the complaint came to be given to the police. There are totally 5 accused persons in this case and the petitioner has been arrayed as A5.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into considering the fact that A1 to A4 have taken active participation in this case by showing fake appointment orders and A5 who is the petitioner herein happens to be the relative of A1 and he is said to have been present at the time of giving the money and taking note of the fact that the petitioner is a practicing advocate, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. 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 2/5

the order copy made ready, before the learned Judicial Magistrate No.II, Thanjavur, 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 appear before the respondent police 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 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]. 3/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 10/12/2024 / TRUE COPY / / 12 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, THANJAVUR DCB POLICE STATION, THANJAVUR.

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

+1 CC to M/s.R.SURYA PRAKASH, Advocate ( SR-15263[I] dated 11/12/2024 )

ORDER

IN CRL OP(MD) No.21735 of 2024 Date :10/12/2024 4/5

PSP/ SKN /SAR /18.12.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5