Sundarapandian v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Sundarapandian

... Petitioner/Sole Accused

Vs State rep. by The Inspector of Police, Thideer Nagar Police Station(Crime), Madurai District. (Crime No.342 of 2014). ... Respondent/Complainant

For Petitioner : M/s.Poornachandran.S,

Advocate.

For Respondent : Mr.S.S.Madhavan,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.342 of 2014 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 punishable under Sections 406 and 420 of IPC, in Crime No.342 of 2014 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that this is a case of job racketing and on false promise, the petitioner has collected a sum of Rs.2,90,000/-from the defacto complainant. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the defacto complainant belongs to one political party and by using his political power, this case has been registered against the petitioner. Hence, prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) would submit that it is a case of job racketing.

5.Considering the facts and circumstances of the case and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court-v, 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 learned Magistrate concerned and on further conditions that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the petitioner shall report before the respondent police every Wednesday at 10.30 am., and thereafter, as and when required for interrogation.

(c)the petitioner shall not tamper with the 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]; and;

(f)if the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 18/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. KSA TO

¶1The Judicial Magistrate-V, Madurai.

¶2Do through the Chief Judicial Magistrate, Madurai.

¶3The Inspector of Police, Thideer Nagar Police Station(Crime), Madurai District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.8956 of 2023 Date : 18/05/2023 NA/CG/SAR- /22.05.2023/3P/5C