Kasimarriappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.18745 of 2018 1 KASIMARRIAPPAN 2 KALAVATHI 3 BHARATH ... PETITIONERS/ ACCUSED NO.1 TO 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THOOTHUKUDI DISTRICT.

IN CRIME NO.41 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.M.PRABU Advocate For Respondent : Mr.S.CHANDRASEKARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 I.P.C. in Crime No.41 of 2017, seek anticipatory bail. The petitioners are arrayed as Accused Nos.1 to 3.

2.The case of the prosecution is that on 14.06.2017, the defacto complainant viz., Viji, lodged a complaint before the respondent Police, stated that the first petitioner herein had executed a sale agreement in favour of the de-facto complainant. In this regard, the first petitioner received amount from the de-facto complainant as an advance. After receiving the advance amount, the petitioners were not executed the sale deed in favour of the defacto complainant. Hence the complainant. 3.The learned counsel appearing for the petitioner would submit that the petitioners are nothing to do any of the offence as alleged by the de-facto complainant.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with

certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.III, Thoothukudi and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders and thereafter as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.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 shall stand dismissed.

sd/- 16/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III, THOOTHUKUDI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THOOTHUKUDI DISTRICT.

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

+1. CC to Mr.M.PRABU Advocate SR.No.19815

ORDER

IN CRL OP(MD) No.18745 of 2018 Date :16/10/2018 MS/PN/SAR-1/23.10.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/