Sampathkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of August Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.9282 of 2017 SAMPATHKUMAR ... PETITIONER / A1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TIRUCHIRAPPALLI, CR.NO.8/2017 ... RESPONDENT For Petitioner : M/S.M.S.SURESH KUMAR Advocate For Respondent : MR.C.RAMESH Additional Public Prosecutor For Intervenor : MR.C.NAGAMUTHU Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A-1, in Crime No.8 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 406, 417, 420, 506(1), 120B of IPC and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State and Mr.C.Nagamuthu, learned counsel appearing for the defacto complainant.

3.The learned Additional Public Prosecutor appearing for the respondent on instructions submitted that the amounts received for construction of flat by the petitioner has not been refunded.

4. The learned counsel for the petitioner submitted that the petitioner entered into an agreement with A2 for promoting the multi storied floor. As the adjacent land of the petitioners were taken on land acquisition proceedings, the Government has not given approval for the above said land and therefore, there is dispute between the defacto complainant and the petitioner and therefore, a false complaint has been lodged.

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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.VI, Trichy 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 once in a week i.e every Monday 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/- 01/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, TRICHY.

2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUCHIRAPPALLI.

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

+1. CC to M/S.M.S.SURESH KUMAR Advocate SR.No.69296

ORDER

IN CRL OP(MD) No.9282 of 2017 Date :01/08/2017 MKV-MSA-SAR 1/7.8.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/