Sivasubramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5275 of 2018 SIVASUBRAMANIAN ... PETITIONER/A-1 Vs THE INSPECTOR OF POLICE PUDUR POLICE STATION, NAGALAPURAM VIA, THOOTHUKUDI DISTRICT IN CR.NO. NOT KNOWN OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.PON SENTHIL KUMARAN Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 468 and 471 IPC in Crime No. Not Known of 2018, seeks anticipatory bail. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police.

3.The petitioner as power agent of one Chellammal had sold the property in question in the year 2008. The present complaint was lodged only in the year of 2018. Petition enquiry was conducted. The petitioner herein undertook to re-pay the amount of Rs.1,50,000/- to the de facto complainant. Recording the same petition enquiry was closed.

4.Now, the de facto complainant tried to extract the money and forced the petitioner to pay the same by way of lodging false complaint. Hence, the present anticipatory bail petition is filed. 5.Considering the nature of allegation made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. But then it is open to the de facto complainant to lodged a fresh complaint against the petitioner. Based on which, it is open to the respondent Police to register a case against the petitioner.

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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 District Munsif Cum Judicial Magistrate, Villathikullam and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 for interrogation. The petitioner shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 05/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VILLATHIKULAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE PUDUR POLICE STATION, NAGALAPURAM VIA, THOOTHUKUDI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.PON SENTHIL KUMARAN Advocate SR.No.5469 GNS GJM/PN/ASVM/18.4.18-2P-6C

ORDER

IN CRL OP(MD) No.5275 of 2018 Date :05/04/2018 https://hcservices.ecourts.gov.in/hcservices/