C.Prabha Jeba Raj @ Kutty v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6056 of 2015 C.PRABHA JEBA RAJ @ KUTTY ... PETITIONER/ACCUSED NO.3 Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, MELUR, MADURAI DISTRICT.
2 STATE REP.BY THE SUB INSPECTOR OF POLICE MELUR POLICE STATION, CR. NO. 285 OF 2015. RESPONDENT/COMPLAINANT For Petitioner : M/S.S.SARAVANAKUMAR 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 A3, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 420, 294(b), 506(ii) of I.P.C. in Crime No.285 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the defacto complainant, Mohan, the accused represented that they can jointly do the granite business at Andhra Pradesh and received Rs.52,75,000/- in the year 2010 and when he was at Melur on 23.12.2014, the accused threatened him. 3.
The learned counsel for the petitioner submitted that the defacto complainant has filed a private complaint against the petitioner in S.T.C.No.635 of 2012 before the learned Judicial Magistrate, Melur, alleging that the petitioner had borrowed Rs.10 lakhs from the defacto complainant on 31.12.2011 and to discharge the liability, he issued a cheque dated 02.12.2012 and the same was dishonoured. The learned counsel further submitted that there are no allegations of receiving money of Rs.52,75,000/- for doing business in the private complaint. He further submitted that the petitioner is innocent and he has been https://hcservices.ecourts.gov.in/hcservices/ falsely implicated in this case.
4.Heard the learned Government Advocate (Crl.side). 5.Considering the submissions made by both sides, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
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, Melur 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 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/- 21/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1.THE JUDICIAL MAGISTRATE,MELUR.
2.DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3.THE DEPUTY SUPERINTENDENT OF POLICE, MELUR, MADURAI DISTRICT. 4 THE SUB INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to M/S.S.SARAVANAKUMAR Advocate SR.No.20628
ORDER
IN CRL OP(MD) No.6056 of 2015 Date :21/04/2015 PA/22.04.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/