Anthony Doss v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of March Two Thousand Sixteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.17277 of 2015 ANTHONY DOSS ... PETITIONER/ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE B.H.E.L. POLICE STATION, TRICHY.

(IN CR.NO. NOT KNOWN OF 2015) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S P.GANAPATHI SUBRAMANIAN ADVOCATE FOR RESPONDENT : MR.A.P.BALASUBRAMANI GOVT. ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.107 of 2015, on the file of the respondent police for offences under Sections 294(b), 406, 420 and 506(i) IPC, the petitioners are now before this Court seeking Anticipatory Bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent. 3.This case has been registered pursuant to a direction issued by this Court in this petition on 07.09.2015.

On a reading of the FIR, it appears that the de-facto complainant and the petitioner are colleagues in BHEL and that the petitioner had borrowed Rs.7 lakhs from the de-facto complainant and is now refusing to repay the same. Taking into consideration the nature of the allegations in the FIR, anticipatory bail is granted to the petitioner, but with conditions.

4. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, No.VI, Trichy, on executing a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioner shall report before the respondent Police as and when required for interrogation.

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[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 11/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, TRICHY 2 THE CHIEF JUDICIAL MAGISTRATE,TRICHY DISTRICT 3 THE INSPECTOR OF POLICE,B.H.E.L. POLICE STATION, TRICHY.

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

+1. CC to M/S P.GANAPATHI SUBRAMANIAN Advocate SR.No.14222

ORDER

IN CRL OP(MD) No.17277 of 2015 Date :11/03/2016 GJM/NGM/SS/AR-I-16.3.16-2P-6C https://hcservices.ecourts.gov.in/hcservices/