A.S.Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.22329 of 2014 A.S.KUMAR ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE MANACHANALLUR POLICE STATION, TRICHY.

CRIME NO. 368 OF 2014 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.A.SIVASUBRAMANIAN, ADVOCATE FOR M/S. SIVAAYYAPPAN ASSOCIATES For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is as accused in Crime No.368 of 2014 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420 and 506(i) IPC and hence, seeks anticipatory bail. 2.According to the defacto complainant one Subramanian, the accused had purchased rice worth about Rs.4,30,000/- and paid only Rs.50,000/- and the balance amount of Rs.3,80,000/- was not paid by the accused and thereby he was cheated.

3.The learned counsel for the petitioner has submitted that the defacto complainant has taken the car of the petitioner on 20.09.2014, for which, the petitioner lodged a complaint and the same was registered in CSR.No.202 of 2014. It is further submitted that the transaction between the petitioner and the defacto complainant is purely civil in nature.

4.The learned Government Advocate(Crl.side) has also submitted that the accused had purchased rice from the defacto complainant, but failed to pay the sale consideration.

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

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6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned

Judicial Magistrate No.III, Trichirappalli 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.

7. 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/- 25/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.III,TRICHIRAPPALLI. 2.THE CHIEF JUDICIAL MAGISTRATE,TRICHIRAPPALLI. 3.THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE MANACHANALLUR POLICE STATION, TRICHY.

+1. CC to M/S. SIVAAYYAPPAN Advocate SR.No.34194

ORDER

IN CRL OP(MD) No.22329 of 2014 Date :25/06/2015 rg.29.06.2015 2p/6c.

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