Madras High CourtCRL OP(MD)/5844/2018granted

B. Arivazhagan v. The Inspector Of Police

2018-04-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5844 of 2018 B. ARIVAZHAGAN ... PETITIONER / ACCUSED rank now known Vs THE STATE REP. BY THE INSPECTOR OF POLICE, KANDAMANOOR POLICE STATION, THENI DISTRICT.

IN CR NO. NOT KNOWN OF 2018.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.K.AZAGARSAMI Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of IPC, in Crime No.Not known of 2018, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other persons have borrowed 30 sovereigns gold jewels and Rs.10,000/- from the defacto complainant and that the petitioner and other persons failed to return to the defacto complainant. Hence, the case has been registered for the above said offences.

3. It is submitted by the learned counsel for the petitioner is that due to civil dispute a false complaint has been lodged against the petitioner and prays for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (Criminal side) submitted that there is no previous case registered against the petitioner.

5. Considering the facts and circumstances of this case, 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 arrest or on his appearance before the learned Judicial Magistrate, Theni and 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 https://hcservices.ecourts.gov.in/hcservices/

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.

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 shall stand dismissed.

sd/- 12/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 DO THOUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE KANDAMANOOR POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5844 of 2018 Date :12/04/2018 SDS/CM:VR/ASVM/20.04.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/