Madras High CourtCRL OP/9085/2016granted

Selvaraj v. The State Of Tamilnadu

2016-04-28Honourable Mr Justice K. Kalyanasundaram2 pages

Crl.O.P.No.9085 of 2016 K.KALYANASUNDARAM,J., The petitioner, who is arrayed as A2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, & 420 IPC in Crime No.85 of 2016 and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is doing a real estate business and A1 is the friend of the petitioner. The first accused approached the defacto complainant, who is the Manager of Manappurm Finance Company to re-pledged the jewels which were already pleaded in a private finance company viz., Agro Indux Gold Loan Finance Company, A1 requested the defacto complainant and to arrange money for a sum of Rs.2,78,000/- to A1 and repledge the same to the defacto complainant's company for a sum of Rs.2,81,270/- and the said gold jewel was found as imitation and spurious by the Agro Indux Company, resulting which, in registration of the case.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence and he has been falsely implicated in this case.

4. The learned Government Advocate (Criminal side) appearing for the respondent would submit that A1 has already been arrested and released on bail and the petitioner is having no previous case.

K.KALYANASUNDARAM,J., kkd

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 No.II, Coimbatore and on his 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 petitioner shall appear before the respondent police as and when required for interrogation. 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. 28.04.2016 kkd Crl.O.P.No.9085 of 2016