Ramachandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23327 of 2015 RAMACHANDRAN ... PETITIONER / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ORATHANADU POLICE STATION, THANJAVUR DISTRICT ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.MURALI 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, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406 and 420 of IPC, in Crime No.not known of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner borrowed a sum of Rs.3,00,000/- from the de-facto complainant and did not repay the same. When the de-facto complainant demanded money, the petitioner threatened him with dire consequences and based on his complainant, a case has been registered for the offence punishable under Section 506(i) IPC, in Crime No.544/2015.

3. The case of the petitioner is that he is working as a Teacher. He borrowed a sum of Rs.3,00,000/- in the year 2004 from the de-facto complainant and subsequently, in the year 2007 itself, he has paid the entire amount to the de-facto complainant. The de-facto complainant is the close relative of the petitioner. Due to some dispute, the de-facto complainant has given a false complaint against the petitioner.

4. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

5. The learned Government Advocate (Crl. side) submitted that based on the complaint of the de-facto complainant, a case has been registered for the offence punishable under Section 506(i) IPC, in Crime No.544/2015.

6. 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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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, Orathanadu, 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 on every Sunday at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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 petition for anticipatory bail stands dismissed.

sd/- 09/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ORATHANADU 2 DO THRO THE CHEIF JUDICIAL `MAGISTRATE THANJAORE DISTRICT 3 THE INSPECTOR OF POLICE ORATHANADU POLICE STATION, THANJAVUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.MURALI Advocate SR.No.70640.

ORDER

IN CRL OP(MD) No.23327 of 2015 Date :09/12/2015 AM/10.12.2015/NGM.SS/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/