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Madras High CourtCRL OP(MD)/17816/2016allowed

Senthilathiban v. The Inspector Of Police,

2016-09-20Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.17816 of 2016 1 SENTHILATHIBAN 2 JEYALAKSHMI 3 GOMATHIAMMAL 4 SHANMUGAPRIYA ... PETITIONERS/ACCUSED NOS.1 TO 4 Vs STATE REP BY ITS THE INSPECTOR OF POLICE, ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT (CRIME NO.645 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.J.CHAKKARAVARTHY Advocate For Respondent : M/S.A.P.BALASUBRAMANI, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners / A1 to A4, who are arrayed as accused pray for grant of anticipatory bail under Section 438 of Cr.P.C. for offences punishable under Sections 341, 353 and 309 of IPC in Crime No.645/2016 on the file of respondent police.

2. The case of the prosecution is that the first petitioner has got loan from the Indian Bank, Aruppukkottai Branch and subsequently, he has not repaid the amount and due to which attachment was ordered. While the attachment order was proceeded by the Government Officials, the petitioners criminally intimated the public servant.

3. The learned counsel for the petitioners submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.

4. Heard the learned Government Advocate (Crl. Side).

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; https://hcservices.ecourts.gov.in/hcservices/

(a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate, Aruppukkottai within 15 days from the date of receipt of copy of the order, (i) Petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) The petitioners shall be available for interrogation by the respondent police daily at 10.30 am until further orders. sd/- 20/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE ARUPPUKKOTTAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

4. THE INSPECTOR OF POLICE, ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT +1. CC to M/S.S.J.CHAKKARAVARTHY Advocate SR.No.54435 RL/6C/2P/CK/SARI/23/9/2016

ORDER

IN CRL OP(MD) No.17816 of 2016 Date :20/09/2016 https://hcservices.ecourts.gov.in/hcservices/