Loganathan v. State Rep.By

Crl.O.P.No.8063 of 2016 K.KALYANASUNDARAM, J.

The petitioner, who is arrayed as an accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 384, 506[ii] of IPC and subsequently, altered into Sections 147, 148, 448, 384 and 506[ii] of IPC in Crime No.188 of 2016 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the accused and the de facto complainant were engaged in real estate business and they have planned to eliminate one Govindaraju, but they have wrongly attacked some other person, for which, they are facing the case in Crime No.837 of 2012 on the file of T-5 Police Station, Thiruverkadu, Chennai. While so, the accused were extracting money from the de facto complainant and on 12.02.2016, the accused have come to the house of the de facto complainant and demanded Rs.10,00,000/-, when it was refused, they have taken away three gold chains and Rs.1,00,000/- cash at knife point.

3.Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in the present case. It is further submitted that the confession statement of the co-accused would reveal that the accused had gone to the house of the de facto complainant to return the chains and thereafter, they have been arrested and remanded to judicial custody. It is also submitted that the de facto complainant has been making false complaint against the petitioner and one of the complaint was given to Anna Nagar Police Station.

K.KALYANASUNDARAM, J.

sri 4.Heard the learned Government Advocate [Criminal side] appearing for the respondent.

5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Ambattur, Thiruvallur District and on his executing 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 petitioner shall appear before the respondent police daily at 10.00a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner 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. 11.04.2016 sri Crl.O.P.No.8063 of 2016