P.S.Babu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7038 of 2015 1 P.S.BABU 2 VIGNESHWARAN 3 SUBRAMANIYAN ... PETITIONERS / ACCUSED 1 to 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, MUSIRI POLICE STATION, TRICHY DISTRICT.

CRIME NO.194 OF 2015.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.K.M.APPAJI, Advocate For Respondent : M/S.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 petitioners are A1 to A3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 447, 294(B), 506(ii) and 379 of IPC r/w section 3(i) of TNPPDL Act, in Crime No.194 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that on 06.04.2015, the petitioners have trespassed into the office of the de-facto complainant and had taken away Rs.3,00,000/- cash and law books worth of Rs.1,00,000/-.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the de-facto complainant entered into an agreement with the petitioners for the purchase of the property for Rs.8,00,000/- and he paid only Rs.1,50,000/- towards advance and thereafter, he did not pay any amount. When this was questioned, a false case has been foisted against the petitioners. It is further submitted that the cheque for a sum of Rs.3,50,000/- issued by the de-facto complainant on 05.04.2014 got dishonoured.

https://hcservices.ecourts.gov.in/hcservices/ 4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thuraiyur, Trichy District and on each of them 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 petitioners 1 and 3 shall appear before the respondent police daily at 10.00 a.m. until further orders and the 2nd petitioner shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners 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/- 16/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY DISTRICT. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE INSPECTOR OF POLICE, MUSIRI POLICE STATION, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.K.M.APPAJI, Advocate SR.No.18918. ORDER IN CRL OP(MD) No.7038 of 2015 Date :16/04/2015 msm 17.04.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/