Selvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6613 of 2017 1 SELVAM 2 RAJKUMAR ... PETITIONERS / ACCUSED NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI CITY, TIRUNELVELI DISTRICT (CRIME NO.8 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.NIRESH KUMAR Advocate For Respondent : Mr.A.Ramar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused in Crime No.39 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 464, 465, 468, 471, 419 and 420 of IPC and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The case of the prosecution is that the defacto complainant is a bank. Initially, the petitioner was sanctioned loan for a sum of Rs.20 lakhs and that the petitioner repaid the same. Thereafter, another loan was sanctioned and he was repaying the installments continuously and due to financial loss he was not able to repay the amount. Immediately the bank sent a notice on 02.12.2015 to close the accounts and thereafter, demand notice was issued on 08.01.2016 followed by possession notice dated 07.04.2016 under SARFAESI Act alleging that the petitioners have cheated the bank by submitting forged documents.

4.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to https://hcservices.ecourts.gov.in/hcservices/

be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Tirunelveli and on their 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 Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required, for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5.The petitioners 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/- 06/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI CITY, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.NIRESH KUMAR Advocate SR.No.23268 SM:CM:SAR 2:14.6.2017:2P/6C

ORDER

IN CRL OP(MD) No.6613 of 2017 Date :06/06/2017 https://hcservices.ecourts.gov.in/hcservices/