Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of July Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.16161 of 2014 1 MURUGAN 2 VALLI ... PETITIONER/ACCUSED NO.1 AND 2 Vs STATE REP.BY THE INSPECTOR OF POLICE SRIRANGAM POLICE STATION, TRICHY, CR.NO.

488/2014 ... RESPONDENT/COMPLAINANT(S) For Petitioner : M/S.B.JAMEEL ARASU 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 accused Nos.1 and 2, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 406, 420 and 506(i) of I.P.C., in Crime No.488 of 2014 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the de-facto complainant viz., Banumathi, she is a subscriber in the chit run by the accused for the value of Rs.5 lakhs and after completion of the chit, they failed to pay the amount and thereby cheated the de-facto complainant and also threatened the de-facto complainant with dire consequences.

3. The learned counsel for the petitioners submitted that the petitioners, who are husband and wife and both the petitioners are neighbours in the chit group run by the de-facto complainant and the petitioners have joined in a one lakh chit and they also paid amount which was not given credit by the de-facto complainant. The learned counsel for the petitioners further submitted that as on date, they are liable to pay Rs.96,250/- to the de-facto complainant and they are ready to deposit the amount to the credit of Crime No.488 of 2014.

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. Since the accused admitted their liability to the extent of Rs.96,250/-, the amount shall be paid to the defacto complainant by way of Demand Draft thought the respondent police and on production of receipt, the petitioners are ordered to be released on bail in the event https://hcservices.ecourts.gov.in/hcservices/

of their arrest or on their appearance before the learned Judicial Magistrate No.II, Trichy and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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/- 29/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE,NO.II, TRICHY

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,TRICHY

3. THE INSPECTOR OF POLICE,SRIRANGAM POLICE STATION, TRICHY, C

4. THE CHIEF CO-ORDINATOR MEDIATION AND CONCILIATION CENTRE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

5. THE ADDITIONHALPUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.JAMEEL ARASU Advocate SR.No.42792

ORDER

IN CRL OP(MD) No.16161 of 2014 Dated: 29/07/2015 GJM/KBM/SAR-I 6.8.2015-2P/7C https://hcservices.ecourts.gov.in/hcservices/