K.Sengottuvel v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifteenth day of May Two Thousand Nineteen PRESENT The Hon`ble Mrs Justice V.BHAVANI SUBBAROYAN CRIMINAL ORIGINAL PETITION No.12419 of 2019 K.SENGOTTUVEL [ PETITIONER / ACCUSED ] Vs THE STATE [ RESPONDENT ] REP. BY, INSPECTOR OF POLICE, TIRUCHENGODE TOWN POLICE STATION, NAMAKKAL DISTRICT CR.NO.NOT KNOWN OF 2019 For Petitioner : M/S.N.UMAPATHI Advocate For Respondent : M/S.S.THANKIRA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 506(ii) of IPC, seeks anticipatory bail.

2. The petitioner is doing real estate business under poultry feeds business and the defacto complainant is running finance, chit funds in the name and style of Athiyappan, Amman Finance, Amman Finance Corporation and Sri Andavar Finance.

3. The case of the prosecution is that the petitioner had obtained loan from the defacto complainant and committed default in repayment of the same. Therefore, the defacto complainant lodged a complaint before the respondent police and registered a case in Crime No.Not Known of 2019 against the petitioner.

4. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

5. The learned Government Advocate appearing for the respondent would submit that there is no previous case pending against the petitioner.

6. Considering the facts and circumstances of the case, 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 on which the order copy made ready, before the learned Judicial Magistrate, Namakkal District, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[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.

[b] the petitioner shall report before the respondent police 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 15/05/2019 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 JUDICIAL MAGISTRATE, NAMAKKAL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE TIRUCHENGODE TOWN POLICE STATION, NAMAKKAL DISTRICT +1CC to M/S.N.UMAPATHI Advocate on payment of necessary charges SR NO.9952 CRL OP.12419/2019 Date :15/05/2019 MK:21/05/2019