Kamudurai v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11303 of 2015 1 KAMUDURAI 2 MEENAKSHI 3 CHELLAKAMU@RAJ@RAJKUMAR ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE, AVANIAPURAM POLICE STATION, MADURAI, (CR.NO.703 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 3 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 420 and 506(i) of I.P.C., in Crime No.703 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The prosecution case is that the accused had borrowed Rs.1,00,000/- from the de-facto complainant, failed to repay the amount along with interest and also threatened the de-facto complainant with dire consequences.

3. The learned counsel for the petitioners submitted that in the year 2014, a similar complaint was given and this Court granted anticipatory bail to the petitioners in Crl.O.P.(MD).No.15819 of 2014, when the petition enquiry was pending and in the year 2015 also, a similar complaint was given and the case was registered by the respondent police. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) submitted that the money borrowed by the petitioners was not repaid to the de-facto complainant and the amount has also not recovered so far. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with

certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.VI, Madurai and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum 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. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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, the petition for anticipatory bail stands dismissed.

sd/- 22/06/2015 / 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.THE CHIEF JUDICIAL MAGISTRATE,MADURAI.

3.THEADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE, AVANIAPURAM POLICE STATION, MADURAI +1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.32838

ORDER

IN CRL OP(MD) No.11303 of 2015 Date :22/06/2015 RG.26.06.2015 2P.6C.

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