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Inbaraj v. The Inspector of Police

Madras HC21 Apr 2022CRL OP(MD)/4018/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner accused of cheating and using fake currency. The court imposed conditions including payment to a relief fund, reporting to police, and executing a bond.

What did the court decide?

Anticipatory bail granted subject to payment of Rs.10,000 to CMPRF, furnishing a bond of Rs.25,000 with two sureties, and complying with reporting and non-absconding conditions.

Inbaraj Vs The Inspector of Police — Cheating and Forgery | Madras HC (2022)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 21.04.2022

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PRESENT

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The Hon`ble Mr.Justice K.MURALI SHANKAR

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CRL OP(MD). No.4018 of 2022

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Inbaraj

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... Petitioner/Accused No.1

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State rep.by The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

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(Crime No.340 of 2021) ... Respondent/Complainant

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For Petitioner : Mr.C.Senthil Murugan Advocate.

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For Respondent : Mr.M.Muthumanikkam Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C.

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PRAYER :-

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For Anticipatory Bail in Crime No.340 of 2021 on the file of the Respondent police.

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ORDER : The Court made the following order :-

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The petitioner/accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 @ 406, 420, 489(A), 489(B) and 489(C) IPC, in Cr.No.340 of 2021, seeks anticipatory bail.

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2.The case of the prosecution is that the petitioner along with other accused contacted the de-facto complainant regarding loan and she was asked to come to Rajapalayam and when she went there, A3 gave a packet of Rs.2000/- notes and later, on verification, it was found that the amount given to the de-facto complainant was fake currency notes. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is innocent and not committed any offence as alleged by https://hcservices.ecourts.gov.in/hcservices/ the prosecution. Hence, he seeks anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that A2 was already granted anticipatory bail by this Court and A3 to A5 were already arrested and released on bail. He would further submit that the petitioner is not having any previous case for similar offence.

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5.Considering the nature of the charges levelled against the petitioner and also the facts that A2 was already granted anticipatory bail by this Court and A3 to A5 were already arrested and released on bail and that the petitioner is not having any previous case for similar or serious offence, this Court is inclined to grant anticipatory bail to the petitioner, but with certain conditions.

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6.Accordingly, the petitioner shall pay a sum of Rs.10,000/(Rupees Ten Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Rajapalayam.

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7.On production of such receipt/acknowledgment, 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, Rajapalayam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

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(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;

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(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.

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(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;

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(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 https://hcservices.ecourts.gov.in/hcservices/ 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;

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(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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Sd/21/04/2022 / TRUE COPY /

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/ /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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sji

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

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-DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

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THE INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

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COPY TO:

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THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9.

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+1. CC to M/S.R.SHENBAGARAJ, Advocate SR.No.3714

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ORDER

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CRL OP(MD) No.4018 of 2022 https://hcservices.ecourts.gov.in/hcservices/ Date :21/04/2022 SP/JM/SAR IV/27/04/2022/3P/7C

Inbaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Inbaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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