Suresh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20527 of 2015 1 SURESH 2 MANIKANDAN 3 PALANIYAPPAN 4 MURUGANANTHAM ... PETITIONERS/ACCUSED NOS.1 TO 4 Vs THE STATE REP BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, MADURAI CITY.

(IN CRIME NO.80 OF 2014) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S R.UDHAYAKUMAR 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 petitioners apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 406, 420, 120(b), 468, 471 and 506(i) of the Indian Penal Code in Crime No.80 of 2014 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the accused, who were acting as a agent of Krishna Promoters, collected Rs.30,00,000/- from the buyers and without paying that amount to the promoters, the accused have misappropriated the said amount.

3. The learned counsel for the petitioner submitted that the petitioners have collected money of Rs.30,00,000/- from the purchasers of the Flats and paid the entire amount to the promoter. Since the promoter has not fulfilled his obligation, the first petitioner gave a complaint against the promoter, which is registered in Crime No.33 of 2014 and thereafter, investigation is still pending. The learned counsel for the petitioners further submitted that the petitioners are innocent and they have been falsely implicated in this case and it is a case and case in counter.

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4. Heard the learned Government Advocate (Criminal Side).

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

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.1, Madurai 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 daily at 10.00 a.m., until further orders. The petitioners shall comply with the conditions 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/- 29/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.1, MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE CITY CRIME BRANCH, MADURAI CITY.

+1. CC to M/S R.UDHAYAKUMAR , Advocate, SR.No.63775 RL/6 C- 2/11/2015

ORDER

IN CRL OP(MD) No.20527 of 2015 Date :29/10/2015 https://hcservices.ecourts.gov.in/hcservices/