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Madras High CourtCRL OP/9017/2023granted

D.Ganapathi v. The State Rep. By

2023-04-27Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 and 506(i) of IPC in Crime No. Not Known of 2023 on the file of the first respondent, seek inter-state anticipatory bail.

2. The case of the prosecution that the petitioners are the Directors of Gasary Exports India Pvt. Ltd., and on false assurance, they had received a sum of USD 139590 nearly about Rs.1.00 Crore and above towards 10% advance amount for the exporting the sugar from India to Malaysia Country namely to the defacto complainant's company. Subsequently, the petitioners have neither supplied the sugar to the defacto complainant nor repaid the advance amount. Hence, the case.

3. The learned Counsel for the petitioners would submit that the petitioners are innocent persons and a false complaint has been given against the petitioners and they have nothing to do with the alleged offence/said allegation. He would further submit that the petitioners are 1/4

ready to abide by any condition that may be imposed upon them. He would also submit that inter-state anticipatory bail may be granted to enable the petitioners to move to the appropriate Jurisdictional Court in Maharashtra for necessary relief.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant interim inter-state anticipatory bail to the petitioners for a period of four weeks from today to enable the petitioner to move to the concerned Court.

5. Accordingly, interim inter-state anticipatory bail is granted to the petitioners for a period of four weeks from today, on condition that the petitioners shall surrender before the learned Judicial Magistrate, Tiruppur District, within a period of fifteen days from the date on which the order copy made ready and the petitioners 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 said learned Magistrate. Further, within four weeks from the date of execution of bail bond, the petitioners shall approach the competent Court in Maharashtra and seek appropriate relief. If the petitioners fails to 2/4

furnish sureties within time, the petition shall automatically stand dismissed.

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A.D.JAGADISH CHANDIRA, J.

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