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Madras High CourtCRL OP(MD)/12940/2015allowed

A.Subburathinam v. The Deputy Superintendent Of

2015-07-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12940 of 2015 1 A.SUBBURATHINAM 2 MARIAPPAN, ... PETITIONERS / ACCUSED 1 & 2 Vs THE STATE OF TAMILNADU REP.BY 1 THE DEPUTY SUPERINTENDENT OF POLICE, TIRUVARAMPUR, TRICHY DISTRICT.

2 THE INSPECTOR OF POLICE, THUVAKKUDI POLICE STATION, THUVAKKUDI, TRICHY DISTRICT. (CRIME NO.207/2015) ... RESPONDENTS / COMPLAINANTS For Petitioner : M/S.R.SUNDAR SRINIVASAN 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 A-1 & A-2 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 417 and 420 of I.P.C. in Crime No.207 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the defacto complainant, Mr.D.Murugaiyan, the accused have received Rs.4,30,000/- promising to sell the land to an extent of 2 acres, subsequently, cheated him.

3. The learned counsel for the petitioners submitted that the first accused and the defacto complainant were acting as Mediators and the defacto complainant has already purchased the property in the year 2008. The learned counsel has also produced the encumbrance certificate of the land. It is further contended that the complaint was given with ulterior motive, after a lapse of seven years.

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 arrest or on their appearance before the learned Judicial Magistrate No.VI, Tiruchirappalli and on executing a separate 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 daily at 10.00 a.m., for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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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/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUCHIRAPPALLI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE DEPUTY SUPERINTENDENT OF POLICE, TIRUVARAMPUR, TRICHY DISTRICT.

4 THE INSPECTOR OF POLICE, THUVAKKUDI POLICE STATION, THUVAKKUDI, TRICHY DISTRICT.

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

Sm:KBM:27.07.2015:2P/6C

ORDER

IN CRL OP(MD) No.12940 of 2015 Date :22/07/2015 https://hcservices.ecourts.gov.in/hcservices/