Vairan v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19706 of 2015 1 VAIRAN 2 SUTHANTHIRAPANDI ... PETITIONERS/ACCUSED NOS.1 AND 2 Vs STATE REPRESENTED BY THE INSEPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, USILAMPATTI, MADURAI DISTRICT.

(CR.NO.500 OF 2015) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S T.VADIVELAN 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 Nos.1 and 2, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 323, 294(b) and 506(i) of I.P.C., in Crime No.500 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the de-facto complainant, he is the owner of Mahindra Scorpio bearing Registration No.TN 59 V 8498 and the first accused has taken his vehicle for one day use, but sold the property to the second accused and thereby cheated the de-facto complainant.

3. The learned counsel for the petitioners submitted that the first petitioner is the owner of the car bearing Registration No.TN 59 V 8498 and he availed finance with the de-facto complainant, who is a private financier and the first accused, by pledging his R.C. Book, borrowed money and without his knowledge, the de-facto complainant has transferred the vehicle in his name and now he claims ownership of the car.

4. It is further submitted that on 21.04.2014, the de-facto complainant gave a similar complaint to the Inspector of Police, Thirumangalam Police Station and thereafter, gave a letter requested them to drop further action and therefore, it was closed. https://hcservices.ecourts.gov.in/hcservices/

5. Heard the learned Government Advocate (Crl.side).

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 their arrest or on their appearance before the learned Judicial Magistrate No.I, Usilampatti and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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. 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/- 14/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSEPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, USILAMPATTI, MADURAI DISTRICT.

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

+1. CC to M/S T.VADIVELAN Advocate SR.No. 61454

ORDER

IN CRL OP(MD) No.19706 of 2015 Date :14/10/2015 2P/6C TE/GSV/SAR-II : 27/10/2015 https://hcservices.ecourts.gov.in/hcservices/