Madras High CourtCRL OP(MD)/7199/2015allowed

M. Abdul Hakkeem, v. The Inspector Of Police

2015-09-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of September Two Thousand and Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7199 of 2015 M.ABDUL HAKKEEM ... PETITIONER/ACCUSED RANK NOT KNOWN Vs.

STATE REP.THROUGH THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI DISTRICT.

(CRIME NO. 979 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.MAHESWARAN Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) For Intervenor : MR.P.SAMUEL GUNASINGH, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 and 420 of I.P.C., in Crime No.979 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the case was registered on the allegation that the accused had received Rs.60,000/- assuring employment, but he failed to secure employment nor return the amount. It is further submitted that after registration of the case, the petitioner has paid the entire amount of Rs.60,000/- to the de-facto complainant on various dates and the de-facto complainant has also signed in the memo dated 15.09.2015.

3. The learned counsel for the petitioner filed a memo in which the de-facto complainant and his counsel have signed which shows that the de-facto complainant has received Rs.60,000/- as full and final settlement and he had also agreed to drop the proceedings against the https://hcservices.ecourts.gov.in/hcservices/ accused.

4. Heard the learned Government Advocate (Crl.side).

5. Considering the submissions of the learned counsel for the petitioner and the memo filed by the parties, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.I, Madurai and on his executing a own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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/- 16/09/2015 / TRUE COPY / Sub-Assistant Registrar TO THE JUDICIAL MAGISTRATE NO.I, MADURAI.

-DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.MAHESWARAN Advocate SR.No.55007 Akm/23.09.2015 /2p-6c/

ORDER

IN CRL OP(MD) No.7199 of 2015 Date :16/09/2015 https://hcservices.ecourts.gov.in/hcservices/