Madhu Mohanan Nair v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.7335 of 2018 1 MADHU MOHANAN NAIR 2 USHA M NAIR 3 K.G. AJAYACHANDRAN NAIR 4 R. P. KALA AJAYACHANDRAN 5 P. SREEKAANTHAN ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT IN CRIME NO.NOT KNOWN OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.R.SHANKAR GANESH 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, who are arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 294(b) and 506(i) IPC in Crime No.Not Known of 2018, on the file of the respondent police, seek anticipatory bail.

2.The defacto complainant alleges that the petitioners owed him a sum of Rs.57 lakhs. But the petitioners admitted that they are liable to pay only a sum of Rs.14 lakhs.

3.The learned counsel for the petitioners today produced a notarised affidavit admitting this liability. Hence, a direction is given to the petitioners to pay the admitted liability of a sum of Rs.14 lakhs within a period of six months from today. It is made clear that if this undertaking is breached, contempt proceedings can be initiated against the petitioners before this Court. https://hcservices.ecourts.gov.in/hcservices/

4. Heard the learned Government Advocate (Crl.side) appearing for the State.

5.Recording the said undertaking, 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.II, Virudhunagar, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 02/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VIRUDHUNAGAR 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +2. CC to M/S.R.SHANKAR GANESH Advocate SR.No.11784

ORDER

IN CRL OP(MD) No.7335 of 2018 Date :02/07/2018 SMA/JC/GSR/06.07.2018:2P/7C https://hcservices.ecourts.gov.in/hcservices/