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Madras High CourtCRL OP(MD)/11546/2015allowed

Seenivasan v. The Inspector Of Police,

2015-07-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11546 of 2015 1 SEENIVASAN 2 B.S. REVATHI 3 USHA ..PETITIONERS/ACCUSED 1 to 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI DISTRICT.

CRIME NO.1112 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.ANANDAKUMAR 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 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 120(b), 406 and 420 of I.P.C., in Crime No.1112 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the de-facto complainant, the accused have received Rs.2 lakhs for investing in the share market and subsequently, cheated her.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case, that the third petitioner had borrowed Rs.35,000/- from the de-facto complainant in the month of December 2013 for her children's education expenses and the de-facto complainant, who is the money lender has charged 6% interest per week and so far collected Rs.2,88,000/- and demanded further Rs.1 lakh from the third https://hcservices.ecourts.gov.in/hcservices/ petitioner Usha and therefore, the petitioners 2 and 3 lodged a

complaint against the de-facto complainant on 24.07.2014 and the same was registered in CSR No.283 of 2014 and thereafter, the present complaint has been given with an ulterior motive. The learned counsel for the petitioners further submitted that the second petitioner has also given another complaint to the Commissioner of Police, Madurai on 10.04.2015.

4. Heard the learned Government Advocate (Crl.side).

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 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 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/- 09/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) 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, ANNA NAGAR POLICE STATION, MADURAI DISTRICT.

Akm/14.07.15 /2p-5c/ ORDER IN CRL OP(MD) No.11546 of 2015 Date :09/07/2015 https://hcservices.ecourts.gov.in/hcservices/