Pandidurai, S/O.Malaichamy, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6868 of 2017 PANDIDURAI ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE, AUSTINPATTI POLICE STATION, MADURAI DISTRICT.
CRIME NO.274 OF 2017 ... RESPONDENT/COMPLAINANT AMUTHA ... PETITIONER/INTERVENER/ DEFACTO COMPLAINANT For Petitioner : M/S.R.BALAMURUGANANTHAM Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor For Intervenor : MR.R.SELVARAJ, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused, in Crime No.274 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 294(b), 406, 420, 506(i) of I.P.C and hence, seeks anticipatory bail.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State. 3.The case of the prosecution is that the petitioner obtained hand loan from the defacto complainant and thereafter failed to repay the said amount and cheated him.
4.The learned counsel appearing for the petitioner submitted that the petitioner had already given a complaint before the Deputy Commissioner of Police stating that the petitioner had borrowed a sum of Rs.2,00,000/- for that he paid Rs.9,00,000/- including interest. But, when the petitioner asked the defacto complainant to return all the documents obtained by him at the time of obtaining https://hcservices.ecourts.gov.in/hcservices/
loan, the defacto complainant refused to return the same. Due to that motive, as a counter-blast, the present complaint has been lodged against the petitioner.
5. Considering the facts and circumstances of the case, 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, Tirumangalam, Madurai District and 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 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 condition 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 made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 14/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,THIRUMANGALAM, MADURAI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE, AUSTINPATTI POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.BALAMURUGANANTHAM Advocate SR.No.24177 PM CSL/BS/SAR-II/19.06.2017 : 2P/6C
ORDER
IN CRL OP(MD) No.6868 of 2017 Date :14/06/2017 https://hcservices.ecourts.gov.in/hcservices/