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Madras High CourtCRL OP(MD)/21461/2015ordered

Tamil Selvan v. The Inspector Of Police

2015-12-09Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of December Two Thousand and Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21461 of 2015 TAMIL SELVAN ... PETITIONER/ACCUSED NO.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, PUDUKOTTAI.

(CRIME NO. 15/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S J.ANANDKUMAR Advocate For Respondent : MR.K.ANBARASAN, 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 accused No.1, in Crime No.15 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 408, 420, 465, 468, 471 and 109 I.P.C. and hence, seeks anticipatory bail.

2. The case of the prosecution is that while the petitioner was working as cane officer, without there being any crops raised by the agriculturists, he recommended a loan for a sum of Rs.7.5lakhs.

3. The case of the petitioner is that he was working as cane officer with the defacto complainant only from 29.07.2011 to 22.07.2013 and there was no complaint immediately in the year 2013 and the present complaint is only an after thought in order to safeguard some other persons. The petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.Side) submitted that while the petitioner was working as cane officer with the defacto complainant, without there being any crops raised by the https://hcservices.ecourts.gov.in/hcservices/ agriculturists, he recommended a loan and thereby caused loss to the

defacto complainant. He further submitted that the investigation is pending.

5.Considering the facts and circumstances of the case and also considering the fact that the alleged offence relates to the year 2013 and the complaint has been given in the year 2015, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Alangudi, Pudukkottai District 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.

6.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/- 09/12/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI DISTRICT. 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, PUDUKOTTAI.

+1. CC to M/S J.ANANDKUMAR Advocate SR.No.70562 Akm/11.12.2015/ 1p- 6c/NGM/SS/SAR-II

ORDER

IN CRL OP(MD) No.21461 of 2015 Date :09/12/2015 https://hcservices.ecourts.gov.in/hcservices/