Sivakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.18758 of 2018 SIVAKUMAR ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REP. BY THE INSPECTOR OF POLICE, SATTUR TOWN(CRIME) POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CR NO.NOT KNOWN OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 I.P.C. in Crime No.Not known of 2018, seeks anticipatory bail. 2.The case of the prosecution is that the de-facto complainant gave a sum of Rs.9,00,000/- to the petitioner herein for constructing a house. Being not satisfied with the petitioner's work, the de-facto asked the petitioner for repayment of the remaining amount. The petitioner did not repay the remaining amount. Hence a complaint has been registered against the petitioner herein.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not involved any offence as alleged by the de-facto complainant.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

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.2, Sattur 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 on receipt of notice from the respondent Police. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 16/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.2, SATTUR.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, SATTUR TOWN(CRIME) POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No. 19839

ORDER

IN CRL OP(MD) No.18758 of 2018 Date :16/10/2018 JM/PN/SAR 4/22.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/