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Madras High CourtCRL OP(MD)/19300/2014closed

K.Navaneethakrishnan @ Babu v. The Assistant Commissioner Of

2015-03-02Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of March Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.19300 of 2014 K.NAVANEETHAKRISHNAN @ BABU ... PETITIONER / SOLE ACCUSED Vs 1 THE ASSISTANT COMMISSIONER OF POLICE, MADURAI CITY, (CRIME), MADURAI.

2 THE INSPECTOR OF POLICE SOUTH GATE POLICE STATION, MADURAI DISTRICT.

CR. NO. NOT KNOWN OF 2014.

... RESPONDENTS / COMPLAINANTS For Petitioner : M/S.N.SATHISH BABU Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) For Intervener : MR.S.Muthukumar, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Heard both sides.

2. Initially, this petition was filed by showing the Crime Number as Not Known of 2014 and therefore, this Court granted interim anticipatory bail to this petitioner on 13.01.2015 for two weeks with a direction to the petitioner to appear before the respondent police everyday for interrogation.

3. Today, on the orders of this Court, Mr.K.Periannan, Assistant Commissioner of Police, Thilagar Thidal P.S,is present and has filed a status report, in which he has stated that he has conducted a thorough enquiry in this case and also recorded the statement of various persons.

4. In Paragraph Nos.5 & 6 of the status report, he has stated as follows:

"5. I respectfully submit that my sincere apologies before this Hon'ble Court for non-compliance of the order passed by this Hon'ble Court. I submit that on the basis of the direction, the above said K.NavANEETHAKRISHNAN @ Babu appear before me from 20.01.2015. In this time, the Defacto Complainant and other accused were enquired. The accused by name Pitchai admitted that 183 grams of gold jewels by 31 items was pledged by the Defacto Complainant's husband and the same was returned to the Defacto complainant, the Defacto Complainant also paid Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only). The Defacto complainant agreed to pay the balance amount of Rs.49,500/- (rupees forty nine thousand and five hundred only) to above said pitchai. https://hcservices.ecourts.gov.in/hcservices/

6. I respectfully submit that there is no document or proof submitted by the Defacto complainant against the other accused. The petitioner herein also refused the allegation. From the enquiry already the civil dispute is pending between the Defacto complainant and this petitioners. On 27.02.2015, the Defacto complainant appeared before me and gave a statement that she withdraw her complaint and will proceed her case through competent court, recording the same, the enquiry was closed.

5. In the light of what is stated above, nothing survives for further adjudication in this anticipatory bail petition. Hence, the Criminal Original Petition is closed.

6. This Court places on record its appreciation to Mr.Periannan, Assistant Commissioner of Police for the fair manner in which he has conducted the enquiry and filed the comprehensive status report in this Court. Registry is directed to mark a copy of this order to the Commisssioner of Police, Madurai for placing the same in the Service Register of the Police Officer.

sd/- 02/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ASSISTANT COMMISSIONER OF POLICE, MADURAI CITY, (CRIME), MADURAI.

2 THE COMMISSIONER OF POLICE, MADURAI.

3 THE INSPECTOR OF POLICE SOUTH GATE POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.N.SATHISH BABU Advocate SR.No.10047 Sm:05.03.2015:2P/6C:

ORDER

IN CRL OP(MD) No.19300 of 2014 Date :02/03/2015 https://hcservices.ecourts.gov.in/hcservices/