R.V. Chari @ Venkatasari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN R.V.Chari @ Venkatasari ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Trichy City Police Station, Trichy, Crime No.1036 of 2019. ... Respondent/Complainant For Petitioner : M/s.T.Lajapathi Roy, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor For Intervener : Mr.A.Thiruvadikumar, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1036 of 2019 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the intervener and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under sections 379, 420, 465, 467 and 471 of I.P.C., in Crime No.1036 of 2019, on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that stale cheque belonging to the defacto complainant was sought to be fraudulently encashed. The intervener's counsel would state that the petitioner herein is a former Bank Manager and managed to use his influence to process the cheque.

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4. The petitioner's counsel on other hand would point out that the defacto complainant does not deny the signature attributed to him in the cheque in question. The defacto complainant had some dealing with A1 and had handed over the cheque to him. Likewise A1 had financial dealing with the petitioner herein and towards liquidating his liability A1 had virtually made over the cheque given to him by the defacto complainant in favour of the petitioner herein. The petitioner's counsel gives an undertaking that he will not press for encashing the cheque in question and that the issue can be decided by the learned Jurisdictional Magistrate in an application to be filed either by the petitioner or the defacto complainant under Section 451 of Cr.P.C. The said undertaking given by the petitioner is recorded.

It is made clear that the disbursal of the cheque amount in question will depend on the outcome of the petition that may be filed either by the petitioner or the defacto complainant before the Jurisdictional Magistrate. It is made clear that if the petitioner files an application the defacto complainant will have to be made as party. Likewise if the defcato complainant files an application, the petitioner has to be made as party.

5. I am of the view of that the arrest of the petitioner is not going to serve any purpose. Therefore, recording the aforesaid undertakings given by the petitioner's counsel on instructions, I am 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 before the learned Judicial Magistrate No.II, Trichy, 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 on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. 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 shall stand dismissed.

sd/- 07/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE NO.II, TRICHY.

2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, TRICHY CITY POLICE STATION, TRICHY.

4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.LAJAPATHI ROY Advocate SR.No.372

ORDER

IN CRL OP(MD) No.14 of 2020 Date :07/01/2020 IAS TK/VR/SAR.3/20.01.2020/3P/6C 3/3