Rose Issac v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD) No.8040 of 2018 ROSE ISSAC ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ARUMANAI POLICE STATION, KANNIYAKUMARI DISTRICT, CRIME NO.77/18 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.P.NARAYANAKUMAR Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABU Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406 and 420 IPC., in Crime No.77 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with the first accused received a sum of Rs.2,50,000/- from the defacto complainant for getting job for his son in abroad. Subsequently, they got visa and sent him to abroad. In abroad, the defacto complainant's son came to know that the accused did not arrange any job for him as assured by them and hence, he returned to India and demanded the amount, but the accused refused to return the amount. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.

4. The learned Government Advocate (Criminal side) submitted that the investigation is going on.

5.Considering the facts and circumstances of the case, this Court is inclined to grant the relief of anticipatory bail to the petitioner.

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6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Magistrate concerned within a period of 10 days from the date of receipt of a copy of this order, on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kuzhithurai, or to the satisfaction of the respondent police or the police officer, who intends to arrest and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m for two weeks and thereafter, as and when required for interrogation.

sd/- 16/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO I, KUZHITHURAI,KANYAKUMARI DISTRICT.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, ARUMANAI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.K.P.NARAYANAKUMAR Advocate SR.No.8781

ORDER

IN CRL OP(MD) No.8040 of 2018 Date :16/05/2018 PJL MV:DD:RNB:22/05/2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/