Madras High CourtCRL OP(MD)/6026/2020ordered

Christopher v. The Inspector Of Police

2020-06-11Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.6026 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2020 PRESENT THE HON`BLE MR.JUSTICE G.R.SWAMINATHAN CRL OP(MD). No.6026 of 2020 Christopher

...Petitioner/Sole Accused

Vs State: Represented by its Inspector of Police, Karupayoorani Police Station, Madurai District, Crime No.76 of 2020

...Respondent/Complainant

For Petitioner : Mr.V.Ramasubramanian, Advocate.

For Intervenor : Mr.M.Sankar, Advoate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.76 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner, the learned counsel for the intervenor and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is the sole accused in Crime No.76 of 2020, registered on the file of the respondent, for the offences under Sections 406 and 420 IPC. The Defacto Complainant and the petitioner had entered into a sale agreement on 29.11.2019. The value of the property is said to be about 1.23 Crores. It has been purchased after availing bank loan. The Defacto Complainant had agreed that she would clear the bank loan and pay Rs.60 Lakhs to the petitioner. It is not in dispute that Rs.20 Lakhs has already been paid to the petitioner. But, the Defacto Complainant is not coming forward to adhere the terms of agreement.

3. Considering the fact that the issue involved in this https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6026 of 2020 matter is purely civil in nature, I am 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, 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.II, Madurai 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.

4. The petitioner shall appear before the concerned Magistrate within a period of eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 11/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID -19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO II MADURAI.

2 -DO- THRO THE CHEIF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE KARUPAYOORANI POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.6026 of 2020 Date :11/06/2020 PD/VR/SAR 2/17.06.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2