L. Muthaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10596 of 2015 L.MUTHIAH ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE CENTRAL POLICE STATION, THOOTHUKUDI, CRIME NO.558/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ANAND Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) For Intervenor : A.Thiruvadi kumar, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A1, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 and 420 of I.P.C. in Crime No.

558 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.According to the de-facto complainant, the petitioner, who is none other than his own brother and after receipt of Rs.7 lakhs for relinquishing his right in the common property, later on, he turned up and thereby cheated him.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. 4.The learned Government Advocate (Crl.side) would submit that the co-accused/A2 was released on anticipatory bail in Crl.O.P.No.1068 of 2013.

5.Considering the 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 his arrest or on his appearance before the learned Judicial Magistrate No.II, Thoothukudi and on 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 on every Saturdays and Sundays at 10.00 a.m., for a period of two weeks and thereafter as and when required for interrogation. The https://hcservices.ecourts.gov.in/hcservices/

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.

sd/- 13/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.II THOOTHUKUDI 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE, THOOTHUKUDI 3 THE INSPECTOR OF POLICE CENTRAL POLICE STATION, THOOTHUKUDI, 4 THE ÀDDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.ANAND Advocate SR.No.61131. +1CC to Mr.A.Thiruvadi Kumar, Advocate, SR.No. 61120.

ORDER

IN CRL OP(MD) No.10596 of 2015 Date :13/10/2015 AM/30.10.2015/SK.SKN/SAR-I/2P/7C https://hcservices.ecourts.gov.in/hcservices/