Ramprasath Gandhi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7581 of 2015 RAMPRASATH GANDHI ..PETITIONER/ACCUSED No.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DT.

CRIME NO.180/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MUNIYANDI Advocate For Respondent : Mr.A.P.BALASUBRAMANI, 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 A1 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 381, 465, 468, 471 and 420 of IPC, in Crime No.180 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the de-facto complainant, the accused have stolen the cheques of the de-facto complainant and by forging his signature presented them for collection and thereby, cheated the de-facto complainant.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the de-facto complainant issued cheques in discharge of the loan amount and for the dishonour of the cheques, A2 had issued a legal notice on 23.02.2015, which was received by the de-facto complainant on 26.02.2015. It is further submitted that A2 had filed a private complaint under section 138 of the Negotiable Instruments Act on 01.04.2015 and after entering appearance in the private complaint, this complaint was lodged on 11.04.2015 by the de-facto complainant. It is further submitted that this criminal case is a counter blast to the private complaint filed by A2. 4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.Considering the above facts and circumstances of the case, 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, Sivakasi and on his 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 https://hcservices.ecourts.gov.in/hcservices/

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/- 11/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SIVAKASI, VURUDHUNAGAR DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DT.

+1. CC to M/S.S.MUNIYANDI Advocate SR.No.29976 ORDER IN CRL OP(MD) No.7581 of 2015 Date :11/06/2015 PBK/AMF 15/06/2015 ::2P-6C::

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