Madras High CourtCRL OP(MD)/7114/2017ordered

Venkatachalapathy 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.7114 of 2017 VENKATACHALAPATHY ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE,(CRIME) TALLAKULAM POLICE STATION, MADURAI CITY, CRIME NO.1020/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.BABU JAGANATH 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 petitioner, who is arrayed as accused apprehends arrest at the hands of the respondent police in Crime No.1020 of 2017 on the file of the respondent police for the alleged offences punishable under Sections 406 and 420 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 the petitioner being the Proprietor Stockiest of a Company which deals with cosmetic items of detol products, has obtained a sum of Rs.10 lakhs from the de-facto complainant viz., Ramesh and has not delivered the stocks for sale.

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 Assistant Commissioner of Police and the same has been forwarded to the Inspector of Police and thereafter, the case has been registered against the petitioner. He would further submit that the petitioner is innocent and he has been falsely implicated in this case. It is a case and case in counter alleged to have arising out of a business transaction.

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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 No.II, Madurai 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 NO.II, MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, (CRIME) TALLAKULAM POLICE STATION, MADURAI CITY.

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

+1. CC to M/S.R.BABU JAGANATH Advocate SR.No.24160

ORDER

IN CRL OP(MD) No.7114 of 2017 Date :14/06/2017 MKV-CM-SAR 3/20.6.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/