Madras High CourtCRL OP(MD)/2422/2020granted

Senthil Athiban v. The Inspector Of Police

2020-02-12Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2422 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2422 of 2020 Senthil Athiban ... Petitioner/A5 Vs The State rep.by The Inspector of Police, District Crime Branch, Ramanathapuram District.

Crime No.20 of 2019 ... Respondent/Complainant A.Selvaraj

...Petitioner/Intervener

Defacto Complainant in CRL MP(MD)No.1342 of 2020 in CRL OP(MD)No.2422 of 2020 For Petitioner : M/s.S.Sathyachidambaram, Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervener : Mr.D.Balamurugapandi, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.20 of 2019 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 420 of I.P.C., in Crime No.20 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. On going through the First Information report, it is seen that the transaction is primarily between the defacto complainant and the first accused. The petitioner is only a subsequent https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2422 of 2020 purchaser. Therefore, the arrest of the petitioner is not warranted. The case against the petitioner rests on documentary evidence.

4. Therefore, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Ramanathapuram, 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 as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. 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 shall stand dismissed.

sd/- 12/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO I, RAMANATHAPURAM. 2.THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-3123[I] dated 14/02/2020 )

ORDER

IN CRL OP(MD) No.2422 of 2020 Date :12/02/2020 PNN TK/VR/SAR.2/18.02.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2