M.Karuppasami, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3260 to 3263 of 2017 M.KARUPPASAMI ... PETITIONER/ACCUSED(SOLE) IN ALL THE PETITIONS Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SEDAPATTI POLICE STATION, MADURAI DISTRICT.
CRIME NO.153 OF 2016. ... RESPONDENT/COMPLAINANT IN CRL OP(MD) No.3260 OF 2017 THE STATE REP.BY THE INSPECTOR OF POLICE, SAPTUR POLICE STATION, MADURAI DISTRICT.
CRIME NO.135 OF 2016. RESPONDENT/COMPLAINANT IN CRL OP(MD) No.3261 OF 2017 CRIME NO.137 OF 2016. RESPONDENT/COMPLAINANT IN CRL OP(MD) No.3262 OF 2017 CRIME NO.136 OF 2016. RESPONDENT/COMPLAINANT IN CRL OP(MD) No.3263 OF 2017 For Petitioner : M/S.K.NEETHIMOHAN Advocate IN ALL THE PETITIONS For Respondent : M/S.S.PRABHA, Govt. Advocate (Crl. Side) IN ALL THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, in Crime Nos.153, 135 and 137 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 465 and 506(i) IPC in Crime No.153 of 2016 and under Sections 406, 420 and 506(i) in Crime Nos.
135 and 137 of 2016 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 for the petitioner submitted that it is alleged in all the cases that the petitioner received totally a sum of Rs.6 lakhs under the guise of getting jobs and cheated the defacto complainants. He would further submit that he is running a study centre of Annamalai University from the year 2014. Due to financial crisis, he has obtained loan of Rs.6 lakhs from one Perumal.
rupees from different persons including his brother Nagaperumal. The petitioner has given five undated cheques as a security for the said loan. On 25.03.2015, the petitioner has paid entire amount leaving Rs.50,000/- to the said Perumal together with interest and asked him to return back the cheques which were given as security. But, the said Perumal refused to give it to the petitioner and also demanded further more interest. But, the said Perumal did not repay the amount to the persons from whom he borrowed amount for giving loan to the petitioner and instead, he induced them to make a complaint with false allegation against the petitioner. As induced by the said Perumal, several false complaints have been lodged against the petitioner and the same have been registered in Crime Nos.
135, 136, 137 of 2016 on the file of the Saptur Police Station and Crime No.153 of 2016 has been registered in Crime No.153 of 2016. In fact, the cheques given to the said Perumal as security have been misused. The defacto complainants were cheated only by the said Perumal. The petitioner will co-operate with enquiry. 4.The learned Government Advocate appearing for the respondent submitted that it is alleged in the complaints that the petitioner cheated all the defacto complainants under the guise of getting job. This is the third anticipatory bail petitions. The earlier petitions were dismissed by this Court. The investigation is pending.
5.Considering the facts and circumstances of the case and also considering the fact that though earlier anticipatory bail applications were dismissed, the respondent Police did not take any steps to arrest the petitioner, this Court is inclined to grant anticipatory bail to the petitioner in all the cases with certain conditions. Accordingly, the petitioner is ordered to be released on bail in all the cases in the event of arrest or on his appearance before the learned Judicial Magistrate, Peraiyur and on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) for each case with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that the petitioner shall appear before Sedapatti Police Station 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/- 24/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, PERAIYUR 2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, SEDAPATTI POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5 THE INSPECTOR OF POLICE, SAPTUR POLICE STATION, MADURAI DISTRICT.
ORDERIN CRL OP(MD) No.3260 to 3263 of 2017 Date :24/03/2017 AAM-PM PN/SAR 4/05.04.2017 3P 6c