K. Ramesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2154 of 20158 K. RAMESH ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, DINDIGUL DT, CRIME NO.49/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.ADIKESAVAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.49 of 2015 on the file of the respondent police for the offence under Section 420 IPC, the petitioner is now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl. side) for the respondent.

3. It is seen that the case has been registered pursuant to the direction of this Court in Crl.O.P.(MD)No.21986 of 2014.

4. It is the case of the defacto complainant that the accused taken Rs.46,000/- from the defacto complainant for purchase of Maruti Omni Van some time in the year 2012 and that he has not properly given him accounts.

5. On a reading of the complaint, it is seen that the allegation relates to the year 2012 and the transaction essentially appears to be civil in nature.

6. In such circumstances, I am inclined to grant anticipatory bail to the petitioner, but with conditions.

7. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Nilakkottai, Dindigul District on executing a separate 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 daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.

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

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

[d] On breach of any of the aforesaid conditions, the learned 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 petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

8. 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 petitioner for anticipatory bail stands dismissed.

sd/- 16/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, NILAKKOTTAI DINDIGUL DISTRICT.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT. +1cc to MR.P.ADIKESAVAN,ADVOCATE IN SR NO.7526

ORDER

IN CRL OP(MD) No.2154 of 2015 Date :16/02/2015 rg.19.02.2015 2p.6c.

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