S.Mohammed Shaffick v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12684 of 2015 S.MOHAMMED SHAFFICK ... PETITIONER/ACCUSED NO.6 Vs THE STATE REP BY THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TRICHY.

(CRIME NO.8 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.VEERA KATHIRAVAN 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 arrayed A6 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 420, 294(b), 506(i) of IPC, in Crime No.8 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the accused had borrowed Rs.54,00,000/- from the de-facto complainant, assuring to do a Real Estate business, but subsequently cheated him and also threatened with dire consequences.

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 there were transactions between the de-facto complainant and A2, who is the brother of A1 and the occurrence is said to have taken place between 26.06.2013 and 01.06.2014, but the present complaint was given only on 12.04.2015. It is further submitted that the petitioner is a distant relative of the accused and hence, he has been falsely implicated in this case. The learned counsel further submitted that A1, A3, A4 and A7 were granted anticipatory bail and A5 was enlarged on bail by this court.

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4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.Considering the fact that the prime accused were released on bail, 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.V, Trichy 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 until further orders. 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/- 08/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.V, TRICHY 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TRICHY.

+One cc to M/s.Veerakathiravan, Advocate, SR.No.37393 RL/6 C- 14/7/2015

ORDER

IN CRL OP(MD) No.12684 of 2015 Date :08/07/2015 https://hcservices.ecourts.gov.in/hcservices/