Madras High CourtCRL OP(MD)/14024/2015ordered

R. Bodharaja v. The Inspector Of Police

2015-07-31Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirty First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14024 of 2015 1 R. BODHARAJA 2 B. SUDHA ... PETITIONERS/ACCUSED NO.1 & 2 Vs THE INSPECTOR OF POLICE M.KALLUPATTI POLICE STATION, MADURAI DT, CRIME NO.40/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.JAYARAMACHANDRAN Advocate For Respondent : M/R.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 A1 and A2, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 120(B), 420 and 506(i) of I.P.C. in Crime No.40 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.According to the de-facto complainant, in the year 2011, the first accused making false representation to obtain a loan, he got the settlement of the de-facto complainant's property in his name and thereafter instead of settling the property in favour of the defacto complainant, he settled the property in favour of his wife A2. A3 and A4 are witnesses to the settlement deed executed by A1. 3.The learned counsel for the petitioners submitted that once property settled in favour of the first accused, the de-facto complainant has lost her title and interest over the property and after four years with malafide intention, she preferred this complaint. He further submitted that A3 and A4 already granted anticipatory bail in Cr.M.P.No.4904 of 2015 by the Sessions Court. 4.The learned Government Advocate (Crl.side)submitted that the accused by making false representation, got the property of the defacto complainant and cheated her. 5.Considering the facts and circumstance of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

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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.II, Usilampatti and on each of them executing a own 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 first petitioner shall appear before the respondent police daily at 10.00 a.m,, until further orders and the second petitioner shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. 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/- 31/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II USILAMPATTI.

2 THE CHIEF JUDICIAL MAGISTRATE MADURAI.

3 THE INSPECTOR OF POLICE M.KALLUPATTI POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/S.A.JAYARAMACHANDRAN Advocate SR.No.42580 ORDER IN CRL OP(MD) No.14024 of 2015 Date :31/07/2015 2P/6C TE/SJW/SAR-II 5/08/2015 https://hcservices.ecourts.gov.in/hcservices/