K. Maharaja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9027 of 2018 K. MAHARAJA ... PETITIONER/SOLE ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE KOMBAI POLICE STATION, THENI DISTRICT, IN CR NO.108 OF 2018 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.VENKATESHWAR Advocate For Respondent : MR.A.ROBINOSN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 506(i) IPC and Section 3 and 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act 2003 in Crime No.108 of 2018, seeks anticipatory bail. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police.

3.The de facto complainant is in occupation of the property in question. The learned counsel appearing for the petitioner submitted that it is only a rental arrangement. 4.Be that as it may, since the possession of the de fact complainant is not in dispute, the learned counsel for the petitioner submitted that the petitioner shall undertake to resolve the issue only under due process of law to dispossess the de facto complainant.

5.Recording the undertaking given by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Bodinayakanur, Theni District and https://hcservices.ecourts.gov.in/hcservices/

on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 06/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE BODINAYAKANUR, THENI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT.

3 THE INSPECTOR OF POLICE KOMBAI POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.R.VENKATESHWAR Advocate SR.No.9848 GNS GJM/RR/CSL/GSR/11.6.18-2P-6C

ORDER

IN CRL OP(MD) No.9027 of 2018 Date :06/06/2018 https://hcservices.ecourts.gov.in/hcservices/