K.M. Mohamed Buhari v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13732 of 2015 1 K.M. MOHAMED BUHARI ... PETITIONER/ACCUSED NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE, SAYALGUDI POLICE STATION, RAMNAD DISTRICT, (CRIME NO.177 OF 2015) ... RESPONDENT/COMPLAINANT *Amended as per the order of this Honourable Court dated 03/09/2015 and made in MP(MD)No.1 of 2015 in Crl.O.P.(MD)No.13732/2015.

For Petitioner : M/S.D.ANBARASU Advocate For Respondent : MRS.S.PRABHA, 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 as sole accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 420 of the Indian Penal Code in Crime No.177 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the defacto complainant, in the year 2013, the accused purchased goats for the value of Rs.2,53,000/- and he is liable to pay the previous due of Rs.82,500/-, but he failed to pay the amounts and cheated the defacto complainant.

3. The learned counsel for the petitioner submitted that the petitioner was acting as a Mediator between the defacto complainant and Mydeen Kadhar, who is a wholesale purchaser from the defacto complainant. It is further submitted that Mydeen Kadhar has to pay Rs.15,84,450/- to the petitioner and since the amount was not paid, the petitioner preferred a complaint against him on 09.06.2015.

4. Further, the learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case.

5. Heard the learned Government Advocate (Criminal Side). https://hcservices.ecourts.gov.in/hcservices/

6. Considering the facts and circumstances of the case, this Court is

inclined to grant anticipatory bail to the petitioner, with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Mudukulathur, Ramnad District 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 condition that the petitioner report before the respondent police daily at 10.00 until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

8. 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/- 30/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,MUDUKULATHUR, RAMNAD DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,RAMNAD DISTRICT. 3 THE INSPECTOR OF POLICE,SAYALGUDI POLICE STATION, RAMNAD DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.ANBARASU Advocate SR.No.58004

ORDER

IN CRL OP(MD) No.13732 of 2015 Date :30/09/2015 CSL/AAL-MPA/SAR-II/05.10.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/