Suruliram v. The State Rep By Inspector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15365 of 2015 SURULIRAM ... PETITIONER/SOLE ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE, SOUTH POLICE STATION, THOOTHUKUDI.

(CRIME NO.625 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.V.SASIKUMAR Advocate For Respondent : M/S.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 offences punishable under sections 294-B, 406, 420 and 506(ii) of IPC, in Crime No.625 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the de-facto complainant that he is the proprietor of Sri Sai Freight Logistics and the accused, for his business purpose, had borrowed Rs.9,50,000/- from him and after repayment of Rs.1,00,000/-, he failed to pay the balance amount and when this was questioned, the accused threatened the de-facto complainant 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. The learned counsel further submitted that the petitioner is one of the partners in Sri Sai Freight Logistics, as per the partnership deed, dated 10.02.2014, but the de-facto complainant with an ulterior motive has suppressed the above fact and gave this false complaint against the petitioner. It is further submitted that the transaction between the accused and the de-facto complainant is purely civil in nature and this https://hcservices.ecourts.gov.in/hcservices/

complaint is given with a view to settle the same before the criminal Forum.

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

5.Considering the facts and circumstances of the case, 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.I, Thoothukudi 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/- 15/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE, SOUTH POLICE STATION,THOOTHUKUDI. RL/5 C- 26/10/2015

ORDER

IN CRL OP(MD) No.15365 of 2015 Date :15/10/2015 https://hcservices.ecourts.gov.in/hcservices/