Madras High CourtCRL OP(MD)/18103/2015allowed

Vigneswaran v. The Insepector Of Police

2015-09-18Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mrs.Justice S.VIMALA CRL OP(MD) No.18103 of 2015 VIGNESWARAN ... PETITIONER/ACCUSED NO.2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE NILAKKOTTAI POLICE STATION, DINDIGUL DISTRICT (CRIME NO.338 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.ALAGUMANI Advocate For Respondent : MRS.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 stated to be an Aeronautical Engineering student studying final year, is seeking anticipatory bail in Crime No.338 of 2015 in respect of the alleged offences under Sections 406, 420, 394(b), 294(b), 323 and 506(i) IPC. 2.Heard both sides.

3.In the complaint given by the defacto complainant, the main allegation has been made against the father of the petitioner alone. The sum and substance of the complaint is that after receiving a sum of Rs.20 lakhs from the defacto complainant, the father of the petitioner agreed to hand over the shop No.7 in favour of the defacto complainant and also agreed that the defacto complainant can pay the licence fees to the town Panchayat and get it transferred to his name; when the defacto complainant approached Nilakkottai Town Panchayat, he found that documents have been created by the petitioner's father in favour of the petitioner herein, instead of transferring the same to the defacto complainant, as promised earlier. It is not even alleged that the son has played any role in the activities of his father and there is not even an allegation of https://hcservices.ecourts.gov.in/hcservices/ conspiracy alleged as against the petitioner herein.

4.Under such circumstances, even though the amount involved is stated to be huge, as there is no allegation against the petitioner herein, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

5.Accordingly, the petitioner is ordered to be released on bail; (i) In the event of arrest or on his appearance before the learned Judicial Magistrate, Nilakkottai and on each of them 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;

(ii)The petitioner shall appear and sign before the learned Judicial Magistrate No.VII, Coimbatore once in a month; and (iii)The petitioner shall co-operate for enquiry, whenever he is called for.

The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner 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 stands dismissed.

sd/- 18/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE JUDICIAL MAGISTRATE No.VII, COIMBATORE. 4 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, COIMBATORE. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

6 THE INSPECTOR OF POLICE NILAKKOTTAI POLICE STATION, DINDIGUL DISTRICT. +1. CC to M/S R.ALAGUMANI Advocate SR.No.55406 Akm/21.09.2015 /2p-8c/

ORDER

IN CRL OP(MD) No.18103 of 2015 Date :18/09/2015 https://hcservices.ecourts.gov.in/hcservices/