M. Gnanasekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.4491 of 2015 M. GANASEKARAN ... PETITIONER / ACCUSED RANK-2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE UMACHIKULAM POLICE STATION, MADURAI DT CRIME NO.121/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.CHELLAPANDIAN Advocate For Respondent : MR.K.V.RAJARAJAN, 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 A2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 294(b) and 506(i) of IPC in Crime No.121 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the accused had assured employment to the son of the de-facto complainant and received Rs.3,00,000/-.

3. The learned counsel appearing for the petitioner submitted that the petitioner is the neighbour of the de-facto complainant and the amount was paid by the de-facto complainant to the first accused and the petitioner is nothing to do with the said transaction. The learned counsel further submitted that as per the complaint, the amount of Rs.3,00,000/- paid as cash in the presence of the petitioner/second accused, but the statement of account shows that the amount has been transferred by the de-facto complainant to the account of the first accused through bank and he has also produced a copy of the statement, which shows that a sum of Rs.2,75,000/- and a sum of Rs.25,000/- were transferred from the account of the petitioner to the account of the first accused on 15.02.2013 and 25.03.2013 respectively.

It is further submitted that the accused had issued a cheque in favour of the de-facto complainant dated 30.03.2015, which again dishonoured, due to insufficient fund. It is further submitted that as per the direction of this Court, the petitioner was regularly appeared before the respondent police in view of the interim anticipatory bail. 4.Learned Government Advocate (crl.side) appearing for the respondents submitted that as per order of this Court, the petitioner has appeared before the respondent police for enquiry and investigation.

5. Considering the above said submissions, the interim anticipatory bail already granted by this Court is made regular. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/

petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Judicial Magistrate No.I, Madurai and on 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 as and when required. 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/- 17/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, MADURAI.

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

4.THE INSPECTOR OF POLICE UMACHIKULAM POLICE STATION, MADURAI DISTRICT. +1. CC to M/S.S.CHELLAPANDIAN Advocate SR.No.19604

ORDER

IN CRL OP(MD) No.4491 of 2015 Date :17/04/2015 rg.21.04.2015 2p.6c.

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