Madras High CourtCRL OP(MD)/6948/2017ordered

Ramesh, v. The Inspector Of Police,

2017-06-14Honourable Mrs Justice J. Nisha Banu2 pages

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.6948 of 2017 RAMESH ... PETITIONERS / ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT.

CR.NO.342/2017 ... RESPONDENT / COMPLAINANT VENKATACHALAPATHY ... PETITIONER / INTERVENER For Petitioner : M/S.A.BANUMATHY Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor For Intervener : M/S.R.BABU JEGANANTH, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1 apprehends arrest at the hands of the respondent police in Crime No.342 of 2017 on the file of the respondent police for the alleged offences punishable under Sections 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 appearing for the respondent/State.

3. The case of the prosecution is that for his business purpose, the petitioner has purchased goods worth about Rs.14,50,000/- from the de-facto complainant viz., Venkatachalapathy, who is running his concern at SIDCO Industrial Estate at Kappalur, Madurai District and thereafter, failed to pay the said amount.

4. The learned counsel for the petitioner would submit that as a counter-blast to the complaint given by the petitioner, the present complaint has been lodged by the de-facto complainant. Initially, the complaint has been given before the Deputy Commissioner of Police and the same has been forwarded to the https://hcservices.ecourts.gov.in/hcservices/

Inspector of Police and thereafter, the case has been registered against the petitioner. It is a case and case in counter alleged to have arising out of a business transaction.

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, Thirumangalam, 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 daily at 10.30 a.m., until further orders. 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 DISTRICT. 3 THE INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.BANUMATHY Advocate SR.No.24149

ORDER

IN CRL OP(MD) No.6948 of 2017 Date :14/06/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-SAR 3/20.6.2017/2P-6C