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Madras High CourtCRL OP(MD)/23787/2014ordered

G.Ravikumar v. The Inspector Of Police

2015-02-17Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.23787 of 2014 G.RAVIKUMAR ... PETITIONER/ SOLE ACCUSED Vs 1.THE STATE REP.BY THE INSPECTOR OF POLICE THIRUVERUMBUR POLICE STATION, (L&O), TRICHY DISTRICT.

CR. NO. 786/2014.

...1ST RESPONDENT/COMPLAINANT (*)2.S.BALAGURU ... 2ND RESPONDENT (*)R2 is impleaded as per the order of the Hon'ble High Court made in MP(md)No.1/2015 in Crl.OP.(md)NO.23787 of 2014, by PNPJ dated 13/01/2015.

For Petitioner : M/S.AL.KANNAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) For Intervenor : MR.SABEER MOHAMED ADVOCATE 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 420 and 506(i) of the Indian Penal Code in Crime No.786 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that this petitioner availed of cars and other facilities from the defacto complainant over a period of time and after making initial payment, he did not make any further payment. He started evading. Thus, according to the petitioner, a sum of Rs.1,66,000/- is due from the petitioner to the defacto complainant.

3. On 21.01.2015, this Court referred the matter to the Mediation and Conciliation Centre and the matter was adjourned to 04.02.2015. On 04.02.2015, it was represented by the learned counsel for the petitioner and defacto complainant that they have almost arrived at a compromise and that the petitioner has agreed to pay a sum of Rs.40,000/- initially and balance amount of Rs.1,26,000/- will be paid at the rate of Rs.15,000/- per month beginning from March, 2015.

4. Today, the petitioner has paid a sum of Rs.40,000/- by two Demand Drafts of Rs.25,000/- and Rs.15,000/- in favour of the defacto complainant and the same has been handed over by the learned counsel for the petitioner to the learned counsel for the defacto complainant. Under such circumstances, this Court is inclined to grant Anticipatory Bail to the petitioner.

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5. 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, Trichy, 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 report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

[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 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 [(4245)AIR SCW 5560]. sd/- 17/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRAT NO.1,TRICHY.

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

4.THE INSPECTOR OF POLICE THIRUVERUMBUR POLICE STATION, (L&O), TRICHY DISTRICT. +1. CC to M/S.AL.KANNAN Advocate SR.No.7469

ORDER

IN CRL OP(MD) No.23787 of 2014 Date :17/02/2015 rg.19.02.2015 2p.6c.

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