Madras High CourtCRL OP(MD)/11152/2015ordered

S. Anandaraj v. The Inspector Of Police

2015-06-30Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11152 of 2015 S. ANANDARAJ ... PETITIONER / ACCUSED NO.2 Vs THE STATE OF TAMIL NADU THE INSPECTOR OF POLICE E3 ANNA NAGAR POLICE STATION, (CRIME), MADURAI, CRIME NO.993/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.K.M.APPAJI Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 406 and 420 of IPC, in Crime No.

993 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the de-facto complainant, A1 Prabakar had purchased one Air-conditioner from his shop and assured to make payment, after delivery of the same and the cheque subsequently issued by A1 got dishonoured and thereby, he cheated the de-facto complainant.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is a friend of A1 and there is absolutely no allegation against the petitioner in the complaint and the prime accused accused was arrested and remanded to judicial custody and the petitioner has been falsely implicated in this case.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the petitioner has been added as an accused on the confession of A1 and as per the confession, both of them had given false promise to the de-facto complainant and purchased the air-conditioner machine.

https://hcservices.ecourts.gov.in/hcservices/ 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.6, Madurai 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 daily at 10.00 a.m. for a period of two weeks and thereafter 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.

sd/- 30/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI MADURAI.

2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE MADURAI.

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

4 THE INSPECTOR OF POLICE E3 ANNA NAGAR POLICE STATION (CRIME), MADURAI +1. CC to M/S.C.K.M.APPAJI Advocate SR.No.34919 Akm/02.07.15 /3p-6c/

ORDER

IN CRL OP(MD) No.11152 of 2015 Date :30/06/2015 https://hcservices.ecourts.gov.in/hcservices/