Madras High CourtCRL OP(MD)/208/2015ordered

V.Madhusudhanan v. The Inspector Of Police

2015-01-13Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.208 of 2015 V.MADHUSUDHANAN ..PETITIONER/ACCUSED NO.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH, MADURAI CITY.

CR. NO.139/2014.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.K.N.GOVARDHANAN Advocate For Respondent : Mr.C.RAMESH, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 406 and 420 IPC in Crime No.139 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. This case has been registered, pursuant to the direction issued by the learned Judicial Magistrate No.I, Madurai under Section 156(3) Cr.P.C.

3. It is seen that the co-accused have been granted anticipatory bail in Crl.O.P(MD)No.23095 of 2014 on 30.12.2014.

4. According to the defacto complainant, he was lured into investing the amount in the Timber business of A.1 and accordingly, he invested Rs.25,00,000/-, but the business did not fetch any profit.

5. On a reading of the complaint, the averments appear essentially to be civil in nature. Under such circumstances, this Court is inclined to grant Anticipatory Bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Madurai, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall appear before the respondent police as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Judicial Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2085)AIR SCW 5560]. sd/- 13/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, MADURAI CITY. +1. CC to M/S.K.N.GOVARDHANAN Advocate SR.No.1810 ORDER IN CRL OP(MD) No.208 of 2015 Date :13/01/2015 PBK 20/01/2015 ::2P-6C:

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