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Madras High CourtCRL OP(MD)/7340/2018granted

Alex Viju v. The Inspector Of Police

2018-06-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.7340 of 2018 1 ALEX VIJU 2 HAMLIN 3 VIOLA 4 VINCENT ... PETITIONERS/ACCUSED 1 to 4 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE NAVALPATTU POLICE STATION, TRICHY DISTRICT ... RESPONDENT/COMPLAINANT For Petitioners : Mr.N.BALAKRISHNAN 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 petitioners apprehend arrest at the hands of the respondent Police for the offences under Sections 120B, 406, 420 and 506 (ii) of I.P.C. in Crime No.42 of 2018 and seek anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent.

3.The case of the de facto complainant is that she had invested a sum of Rs.24,89,000/- based on the promise held out by the petitioners herein.

4.The learned counsel appearing for the petitioners points out that the de facto complainant had earlier lodged a similar complaint before the DCB, Trichy and that the matter was enquired and then subsequently closed. This is the second complaint. 5.Since the transaction between the parties appears to be civil in nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners https://hcservices.ecourts.gov.in/hcservices/

are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.III, Trichy 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 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/- 29/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III TRICHY 2 THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE, NAVALPATTU POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.N.BALAKRISHNAN Advocate SR.No.70517

ORDER

IN CRL OP(MD) No.7340 of 2018 Date :29/06/2018 SMA/PMI/GSR/04.07.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/