K. Nagaraj v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19222 of 2015 1 K. NAGARAJ 2 N.KAMU ... PETITIONERS/ACCUSED (RANK NOT KNOWN) Vs THE STATE REP.BY THE INSEPECTOR OF POLICE SAMAYANALLUR POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT.

CRIME NO NOT KNOWN OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S T.PADMANABHAN 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 petitioners, who are arrayed as A1 and A2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 420, 294(b) and 506(i) of IPC, in Crime No.399 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.According to the de-facto complainant, the accused purchased a lorry bearing registration No.TN-66-J-7044 for a sum of Rs.5,20,000/- and paid Rs.1,00,000/- as advance and subsequently, paid Rs.3,30,000/- and the balance amount of Rs.90,000/- was not paid by the accused and when the same was questioned, the accused threatened the de-facto complainant with dire consequences.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The learned counsel further submitted that some consideration was paid by the accused and the transaction between the parties are civil in nature and a false case was given with a view to settle the dispute before the respondent police. 4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.IV, Madurai 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 and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.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/- 07/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.IV MADURAI 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSEPECTOR OF POLICE SAMAYANALLUR POLICE STATION, SAMAYANALLUR, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S T.PADMANABHAN Advocate SR.No.59229.

ORDER

IN CRL OP(MD) No.19222 of 2015 Date :07/10/2015 AM/09.10.2015/NGM.SS/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/