Madras High CourtCRL OP(MD)/16918/2015ordered

Karthikeyan v. The State Rep The Ins Of Polic

2015-10-30Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16918 of 2015 KARTHIKEYAN ..PETITIONER/ACCUSED No.2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI.

CRIME NO NOT KNOWN OF 2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.SIVA Advocate For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who arrayed as A2 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(B),341, 506(i), 406 and 420 IPC in Crime No.1517/2015 and hence, seek anticipatory bail.

2.According to the defacto complainant, that the accused 1 and 2 have purchased 229 bags of paddy for a value of 4,12,200/- and they paid Rs.50,000/- and balance sum of Rs.3,68,383/- was not paid by them and thereafter cheated the defacto complainant. 3.The learned counsel for the Petitioner submitted that the first petitioner is acting as a Broker for selling paddy by the defacto complainant to the first accused. Even though he is not liable to pay the sale consideration, due to the police complainant, the Petitioner/A2 has paid Rs.2,75,000/- and the balance amount has to be recovered from the first accused.

4.The learned Government Advocate(Crl.Side) submitted that the petitioner is not having bad antecedent and on his part, the second accused has paid Rs.2,75,000/- and the first accused is still absconding.

5.Considering the facts and circumstances of the case as stated above, I am inclined to enlarge the petitioner on anticipatory bail. 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.VI, Madurai 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 to the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation. It is made clear that the first accused shall not take advantage of the order passed, since he has to pay a sum of Rs.1,68,000/- to the defacto complainant. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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6. 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/- 30/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION,MADURAI. +1. CC to M/S.SIVA Advocate SR.No.64099 ORDER IN CRL OP(MD) No.16918 of 2015 Date :30/10/2015 PBK/AN-MP/SAR-I 02/11/2015 ::2P-6C::

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