S. Maheswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice M.M.SUNDRESH CRL OP(MD) No.9892 of 2015 S. MAHESWARAN ... PETITIONER / ACCUSED 2 Vs STATE REP BY:: THE INSPECTOR OF POLICE KARIYAPATTY POLICE STATION, VIRUDHUNAGAR DT, CRIME NO.73/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R. SUNDAR Advocate For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A2 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section, 420 IPC, in Crime No. 73 of 2015, on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant lodged a complaint before the respondent police alleging that the petitioner and his wife/A1 cheated the de-facto complainant by giving false promise stating that they have make arrangements for getting the job to the de-facto complainant's son in foreign country. Hence, A1 received a sum of Rs.2,00,000/- from the de-facto complainant and executed some records in support of the same. But, they did not make any arrangements for job to the de-facto complainant's son. Hence, the de-facto complainant preferred a complaint against the petitioners.

3. The learned counsel appearing for the petitioner submits that the petitioner arrayed as A2. He further submits that the petitioner and his wife is living separately and he does not know whereabouts of his https://hcservices.ecourts.gov.in/hcservices/ wife. He further submits that the petitioner is no way connected with the said transactions.

4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.Considering the nature of allegation made against the petitioner, 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, No.1, Virudhunagar, 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 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/- 23/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I VIRUDHUNAGAR 2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLILPUTHUR 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE KARIYAPATTY POLICE STATION, VIRUDHUNAGAR DT, +1. CC to M/S. R. SUNDAR Advocate SR.No.32852 DM 24 JUNE 15 ORDER IN CRL OP(MD) No.9892 of 2015 Date :23/06/2015 2P:6C https://hcservices.ecourts.gov.in/hcservices/