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Madras High CourtCRL OP(MD)/2461/2020partly allowed

Vadivel Karuppiah v. The Inspector Of Police

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

CRL OP(MD). No.2461 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.2461 of 2020

1. Vadivel Karuppiah,

2. Vimala, ... Petitioners/Accused Nos.1 & 2 Vs.

State through The Inspector of Police, Thallakulam Police Station, Madurai City.

(Crime No.241 of 2020).

... Respondent/Complainant For Petitioners : M/s.V.Santhakumaresan, Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For intervenor : Mr.S.M.A.Jinnah, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.241 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners, the learned Government Advocate(Crl. Side) appearing for the respondent and the learned counsel for the intervenor also. 2.The petitioners apprehending arrest at the hands of the respondent police for the offences under Sections 406 and 420 of IPC in Crime No.241 of 2020 on the file of the Tallakulam Police Station, Madurai City, seek anticipatory bail. 3.It is seen that a sum of Rs.20,10,000/- was paid by the defacto complainant to the petitioners. The learned counsel appearing for the petitioners on instructions submitted that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2461 of 2020 petitioners are ready to be put on terms. They will remit a sum of Rs.10.00 lakhs directly to the defacto complainant by way of a Demand Draft in favour of him within a period of four weeks from the date of receipt of a copy of this order. The petitioners are given five weeks time to surrender. At the time of surrender, the petitioners will have to enclose proof of the said payment. If the petitioners fail to comply with the same, the order now passed will stand automatically cancelled. The petitioners' counsel would further undertake that they will not seek any modification or relaxation of this condition and they will also not file any extension of time.

4.Subject to the above said conditions, I am inclined to grant anticipatory bail. 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.II, Madurai, and on their 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 for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously. 5.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 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.II, MADURAI.

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

3. THE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI CITY

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

+1 CC to M/s.V.SANTHA KUMARESAN, Advocate ( SR-3000[I] dated 13/02/2020 )

ORDER

IN CRL OP(MD) No.2461 of 2020 Skm Date :12/02/2020 AE/JC/SAR-II (21.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2