T Ramakrishnan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12547 of 2023

1.T.Ramakrishnan

2.Murugesan

3.D.Velmurugan ... Petitioners / Accused Nos.1 to 3 Vs The State represented by The Inspector of Police, District Crime Branch, Kanyakumari District. In Crime No. 27 of 2023.

... Respondent/Complainant For Petitioners : M/s.J.Lawrance, Advocate For Respondent : Mr.B.Nambiselvan

Additional Public Prosecutor

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.27 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 120(B), 420 and 406 of IPC in Crime No. 27 of 2023, on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that the petitioners herein along with other accused persons, have cheated the defacto complainant by running a chit company. They received money from various persons on the false promise of giving more interest to their money. When they failed to do so, the defacto complainant went to the company in person found closed. Hence the complaint.

¶3The learned counsel for the petitioners would submit that petitioners are facing similar offence in Crime No.1 of 2017 on the file of the EOW, Virudhunagar, it is also taken cognizance in C.C.No.2 of 2022, before the Special Court for TNPID cases, Madurai.

¶4The learned Additional Public Prosecutor would submit that in the above said C.C.No.2 of 2022, this defacto complainant was not cited as one of the witness, so he filed a private complaint upon which the present FIR has been registered.

¶5In view of the developments and also the fact that the subject matter is already seized by the TNPID Court, Madurai, the respondent may take proper advice from the legal advisor to proceed in this matter. Considering the facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.1, Nagercoil, 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 the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶7The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/-

31/07/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. PNN TO THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL. THE INSPECTOR OF POLICE THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KANYAKUMARI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. + 1 CC TO M/s.J.Lawrance, Advocate IN SR No.11577 ORDER IN CRL OP(MD) No.12547 of 2023 Date :31/07/2023 SS/BUC/10/08/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023