S.Parthasarathy v. Inspector Of Police (Crime)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twelfth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. SIVAGNANAM CRIMINAL ORIGINAL PETITION No.11052 of 2022 S.PARTHASARATHY [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE (CRIME) [ RESPONDENT ] C-1, FLOWER BAZAAR POLICE STATION, CHENNAI-600 001.

(CRIME NO.NOT KNOWN) For Petitioner : M/S.P.MUNUSWAMY Advocate For Respondent : MR.S.UDAYAKUMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police upon the complainant given by the defacto complainant before the respondent police, seeks anticipatory bail.

2. The petitioner apprehending arrest by the respondent Police is before this Court seeking anticipatory bail. The de facto complainant borrowed a sum of Rs.3,00,000/- from the petitioner and in addition, he lent a sum of Rs.5,00,000/- from the petitioner's nephew/Prabhakaran. When the dispute aroused between the de facto complainant and Prabhakaran, the de facto complainant has not paid any interest and principle.

3. The learned Counsel for the petitioner would submit that the petitioner's nephew has lent loan to the de facto complainant for which the de facto complainant has given a cheque for Rs.5,00,000/- to discharge the loan. But on presentation of the cheque, the same got bounced. Therefore, a case in S.T.C.No.5099 of 2021 has been registered against the de facto complainant under Section 138 of Negotiable Instruments Act, to avoid facing prosecution on that case, the present complaint has been foisted.

4. The learned Government Advocate (crl.side) appearing for the respondent stated that on receiving the complaint in C.S.R.No.259 of 2022 no case has been registered against this petitioner so far. The petitioner is working in the same department along with the de facto complainant.

5. On perusal of the complaint, it is seen that the complaint has been given on the allegation that a cheque for Rs.3,00,000/- was missing on the date itself, which was credited in the account of the petitioner on the same day i.e., on 30.04.2022, the complaint was given by the complainant before the Inspector of Police and the reason for missing cheque is unbelievable.

6. Considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 of receipt of a copy of this order, before the Learned VIII Metropolitan Magistrate Court, George Town, Chennai, on condition that the petitioner shall execute own bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the petitioner shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the Investigating Officer 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]; and;

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

-sd/- 12/05/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE VIII METROPOLITAN MAGISTRATE, GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE (CRIME) C-1, FLOWER BAZAAR POLICE STATION, CHENNAI-600 001.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.P.MUNUSWAMY Advocate on payment of necessary charges SR.No.7058 CRL OP.11052/2022 Date :12/05/2022 CSK 16/05/2022