B.Tamil Selvi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7758 of 2017 1 B.TAMIL SELVI 2 B.SARAVANA KUMAR ... PETITIONERS / ACCUSED 1 & 2 Vs State rep.by THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI CITY ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.GANDHI 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 / accused Nos.1 and 2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 138 r/w 142 of Negotiable Instruments Act, in Warrant No.163 & 164 in C.C.No.200036/SS/2016 of 2014 on the file of 28th Court (Metroplitan Magistrate) Esplanade, Mumbai and hence, seek anticipatory bail.
2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the State. 3.The learned counsel for the petitioners submitted that on the basis of the private complaint given by a private limited company on behalf of KAIL, a case in C.C.No.200036/SS/2016 of 2014 is pending on the file of 28th Court (Metroplitan Magistrate) Esplanade, Mumbai and without any summons, all of a sudden, the said Court issued Non Bailable warrant and hence, the petitioners filed the present anticipatory bail application. The petitioners are partners of Sangu Agency, dealing with selling and purchasing of home appliances and had business transactions with Kail Private Limited Company, in Mumbai and they have nothing to do with the alleged offences. They are innocent and they are ready to abide any conditions. https://hcservices.ecourts.gov.in/hcservices/
4.The learned Additional Public Prosecutor appearing for the State submitted that since the complaint is pending on the file of the 28th Court (Metropolitan Magistrate) Esplanade, Mumbai, he could not get any instructions.
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners only for a period of two weeks with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court No.V, Madurai 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. It is made clear that this order shall be valid only for a period of two weeks from the date of receipt of the order. Before completion of such period, the petitioners may approach the concerned jurisdictional Court for appropriate relief. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
sd/- 22/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI CITY 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIHG COURT, MADURAI +1. CC to M/S.R.GANDHI Advocate SR.No.24812 SM:PM-PN:SAR 1:27.6.2017:2P/6C
ORDER
IN CRL OP(MD) No.7758 of 2017 Date :22/06/2017 https://hcservices.ecourts.gov.in/hcservices/