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Madras High CourtCRL OP(MD)/12554/2015allowed

Angellin Ranita v. The Inspector Of Police

2015-07-23Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12554 of 2015 ANGELLIN RANITA ... PETITIONER/ ACCUSED (single) Vs THE STATE REP.BY THE INSPECTOR OF POLICE THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI DISTRICT , CRIME NO.530/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ANAND Advocate For Respondent : M/S.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 the sole accused in Crime No.530 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 and 420 I.P.C., and hence, seeks anticipatory bail.

2. According to the defacto complainant, the accused had entered into an agreement with the defacto complainant on 23.08.2012 agreeing to sell the property for a total sale consideration of Rs.86,00,000/- and received Rs.1,00,000/- as advance and subsequently, neither he executed a sale deed nor returned the advance amount and thereby cheated the defacto complainant.

3. The learned counsel for the petitioner submitted that the defacto complainant is none other than the paternal uncle of the accused and instead of filing a suit for specific performance, the defacto complainant has filed this complaint with ulterior motive. It is further submitted that the defacto complainant is holding a Post in a national political party and under that influence, he is trying to settle the dispute before the respondent.

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 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.I, 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 https://hcservices.ecourts.gov.in/hcservices/

condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition 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 stands dismissed. sd/- 23/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.I, THOOTHUKUDI. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI DISTRICT. +1. CC to M/S.R.ANAND Advocate SR.No. 41235. TS/24.07.2015/2P - 6C

ORDER

IN CRL OP(MD) No.12554 of 2015 Date :23/07/2015 https://hcservices.ecourts.gov.in/hcservices/