Madras High CourtCRL OP(MD)/7341/2018granted

R.Seenivasan v. The Inspector Of Police

2018-07-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of July Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.7341 of 2018 1.R.SEENIVASAN 2.K.RAJAGOPALAN ... PETITIONERS / ACCUSED NO.1 & 2 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, SAKKOTTAI POLICE STATION, IN CRIME NO. 26/2018, SIVAGANGAI DISTRICT ... RESPONDENT / COMPLAINANT For Petitioners : Mr.M.SUBASH BABU, 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 406 and 408 I.P.C in Crime No.26 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 petitioners liability is Rs.27,00,000/-. The petitioners paid a sum of Rs.7,00,000/- and the balance amount of Rs.20,00,000/- has not been paid. The learned counsel appearing for the petitioners are now filed an affidavit undertaking that they would deposit the balance amount of Rs.20,00,000/- within a period of three months from the date of receipt of a copy of this order. 4.The learned counsel appearing for the petitioners would submit that the petitioners would pay the balance amount of Rs.20,00,000/- (Rupees Twenty Lakhs only) subject to the one time settlement. This undertaking will be subject to the terms of the one time settlement. If the undertaking given before this Court is not honoured by the petitioners, this order will stand automatically vacated. The respondent is directed to monitor the compliance of the https://hcservices.ecourts.gov.in/hcservices/

undertaking and if it is not honoured, the respondent shall file an appropriate application for cancellation of the order now granted. 5.Subject to this condition and the undertaking given by the petitioners, 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, Karaikudi 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/- 27/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISRATE, KARAIKUDI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3.THE INSPECTOR OF POLICE, SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to Mr.M.SUBASH BABU, Advocate, SR.No.14510.

ORDER

IN CRL OP(MD) No.7341 of 2018 Date :27/07/2018 tsg https://hcservices.ecourts.gov.in/hcservices/ RAM/JC/SAR 4/07.08.2018/2P/6C