N. Kathirava Adhithan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of October Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.20091 of 2015 N. KATHIRAVA ADHITHAN ... PETITIONER/SOLE ACCUSED Vs THE STATE TAMILNADU REPRESENTED BY THE INSPECTOR OF POLICE TATTARMADAM POLICE STATION, THOOTHUKUDI DISTRICT.

(CR.NO. 271 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S R.BALAKRISHNAN Advocate For Respondent :M/S.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 arrayed as sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 406 and 420 of IPC, in Crime No.271 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the de-facto complainant that the accused had received his jewels to borrow money from the Bank and thereafter, he neither repaid the loan amount nor redeemed the jewels and thereby cheated the de-facto complainant.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel further submitted that the petitioner and the de-facto complainant started a Waste Plastic business, in which the petitioner has invested Rs.4 Lakhs, while the defacto complainant has invested Rs.1 Lakh and they have also purchased machineries and thereafter, due to misunderstanding, they could not pursue the business and suppressing the above fact, this false has given against the petitioner.

4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

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

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6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sathankulam and on his 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 petitioner shall appear before the respondent police daily at 10.00 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner 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/- 26/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE,SATHANKULAM

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN

3. THE INSPECTOR OF POLICE,TATTARMADAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S R.BALAKRISHNAN Advocate SR.No.62619

ORDER

IN CRL OP(MD) No.20091 of 2015 Date :26/10/2015 GJM/.GSV/PM/SARII-28.10.15-2P-6C https://hcservices.ecourts.gov.in/hcservices/