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Madras High CourtCRL OP(MD)/1773/2017ordered

Uthira Kumar v. The Inspector Of Police

2017-03-07Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.1773 of 2017 UTHIRA KUMAR ... PETITIONER/SOLE ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, RAMANATHAPURAM , RAMNATHAPURAM DISTRICT, CRIME NO. 39/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. J.M.HASSANUL BAZARI Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused in Crime No.39 of 2014, registered on the file of the respondent police for the alleged offences punishable under Sections 420 and 506(i) IPC, apprehends arrest and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent/State. 3.The learned counsel appearing for the petitioner submitted that the defacto complainant is the relative of the petitioner and the defacto complainant engaged the petitioner to construct his house. But, due to family dispute, he has lodged the false complaint alleging that under the guise of construction work, he has cheated a sum of Rs.3,85,000/-. The petitioner has not committed any offence as alleged by the defacto complainant and he is innocent.

4.The learned Government Advocate appearing for the State submitted that the investigation is pending.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the nature of the allegations raised against the

petitioner, 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 No.II, Ramanathapuram 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 once in a week i.e., on every Monday at 10.30 a.m. until further orders. 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/- 07/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,RAMANATHAPURAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, RAMANATHAPURAM,RAMNATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. J.M.HASSANUL BAZARI Advocate SR.No.13071 GCG CSL/RSK-SKN/SAR-III/09.03.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.1773 of 2017 Date :07/03/2017 https://hcservices.ecourts.gov.in/hcservices/