Asaraf Ali v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19472 of 2015 1 ASRAF ALI 2 SEARLE 3 LAIKAR ALI 4 SHEELA 5 MANSI 6 MUNNA 7 ASAKALIKHAN ... PETITIONERS/ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE ARUPPUKOTTAI POLICE STATION, ARUKPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

CR.NO.741 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioners : MR.P.LOGES BOOPATHI for M/S.A.BASKARAN 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 accused, apprehend arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294(b), 354(c), 420 and 506(i) IPC and Section 4 of Women Harassment Act, in Crime No.741 of 2015 on the file of the respondent Police and hence, seek anticipatory bail. 2.According to the de facto complainant that the 1st accused, who was working as a broker, received Rs.2 lakhs from the de facto complainant for taking a house for lease, but, neither he arranged a house nor returned the money.

3.The learned counsel for the petitioners submitted that the de facto complainant was a lessee under the 2nd petitioner and she vacated the premises and also received the entire advance amount, but, filed the present complaint with an ulterior motive. https://hcservices.ecourts.gov.in/hcservices/ 4.It is further submitted that the de fact complainant vacated the premises in the year 2011 and the earlier complaint was closed as

settled out of Court and the present case is registered based on the direction issued by the learned Judicial Magistrate, Aruppukottai under Section 156(3) Cr.P.C.

5.Heard the learned Government Advocate (Crl.side) appearing for the respondent Police.

6.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, Aruppukottai, 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 as and when required. 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/- 08/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR.

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

4 THE INSPECTOR OF POLICE, ARUPPUKOTTAI POLICE STATION, ARUKPPUKOTTAI,VIRUDHUNAGAR DISTRICT.

+1. CC to M/S.A.BASKARAN Advocate SR.No.60173 Akm/13.10.2015 /2p-6c/ ORDER IN CRL OP(MD) No.19472 of 2015 Date :08/10/2015 https://hcservices.ecourts.gov.in/hcservices/