J.Karthikeyan v. The State Rep By

Crl.O.P.Nos.8950 and 8963 of 2016 K.KALYANASUNDARAM,J., The petitioner/A6 in Crl.O.P.No.8950 of 2016 and the petitioners /A3 and A4 in Crl.O.P.No.8963 of 2016 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 468 and 471 IPC in Crime No.2 of 2016 and hence, seek anticipatory bail.

2. According to the defacto complainant, the accused, who were employees in Cholamandalam Investment and Finance Company Limited, has availed loan in the name of the defacto complainant for a sum of Rs.7,28,000/- and taken away the entire amount belonging to the defacto complainant and thereby cheated him.

3.The learned counsel for the petitioners would submit that the petitioners are employees in Cholamandalam Investment and Finance Company Limited. The defacto complainant and his wife availed loan for a sum of Rs.7,28,000/- by signing in the loan and received the sum through cheque. However, due to non payment of the loan, the Finance Company initiated Arbitration proceedings under Section 9 Application, sought for the attachment of the property. Since the defacto complainant failed to appear before the court, an exparte decree was passed on 15.10.2015 and thereafter the present complaint was given with an ulterior motive.

K.KALAYANASUNDARAM,J., kkd

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 petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their his appearance before the learned Judicial Magistrate No.I, Attur and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, these petitions for anticipatory bail stand dismissed. 26.04.2016 kkd Crl.O.P.Nos.8950 & 8963 of 2016