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Madras High CourtCRL OP(MD)/4883/2018granted

Muthu Kumari, v. The Inspector Of Police,

2018-04-03Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4883 of 2018 1 MUTHU KUMARI 2 SIVA KUMAR 3 KANNAN @ GURUSAMY ... PETITIONER/ACCUSED NO.1 TO 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT, CRIME NO.152 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, 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 to 3, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 294(b) and 506(i) IPC in Crime No.152 of 2018, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is the petitioners are said to have received a sum of Rs. 9,00,000/- from the defacto complainant, subsequently, they failed to repay the amount. Hence, on complaint a case has been registered against the petitioners. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any of the offences as alleged by the prosecution. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that the investigation is still pending. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with

certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Melur, Madurai District and on their 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 03/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,MELUR, MADURAI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATEMADURAI.

3 THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.JAMEEL ARASU Advocate SR.No.5509 LS CSL/PNI/SAR-IV/06.04.2018 : 2P/6C

ORDER

IN CRL OP(MD) No.4883 of 2018 Date :03/04/2018 https://hcservices.ecourts.gov.in/hcservices/