Jeyaprakash Narayanasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.23306 of 2016 JEYAPRAKASH NARAYANASAMY ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, KOVLPATTI, TUTICORIN DISTRICT, (CRIME NO. 760 OF 2016) ... RESPONDENT/ COMPLAINANT N.VANAJA ...INTERVENER/DEFACTO COMPLAINANT For Petitioner : M/S.S.PON SENTHIL KUMARAN, Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) For Intervenor : M/S G.THALAIMUTHARASU, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused in Crime No.760 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b) and 506(i) of IPC and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner; the learned Government Advocate(Crl. Side) for the respondent/State and the learned counsel for the intervenor.

3.The case of the prosecution is that the defacto complainant and the petitioner were earlier doing real estate business and due to that, there was a quarrel between them.

4.The learned counsel for the petitioner would submit that the petitioner is only mediator in the sale of the property and he has been falsely implicated in this case.

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5.The learned Government Advocate (Crl. Side) would submit that the defacto complainant and the accused were doing real estate business and that the petitioner has received a sum of Rs.55 lakhs from the defacto complainant, but the petitioner has not registered the sale deed as per agreement between them.

6.Considering the facts and circumstances of the case and also considering the fact that the petitioner is only mediator in the sale of the property, 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, Kovilpatti 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, for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7.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/- 27/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3.THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, KOVLPATTI,TUTICORIN DISTRICT.

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

+1. CC to M/S.S.PON SENTHIL KUMARAN, Advocate SR.No.18027 +1.CC TO M/S .G.THALAIMUTHARASU, Advocate, SR NO.18336 ORDER IN CRL OP(MD) No.23306 of 2016 Date :27/03/2017 MS/PM/PN/SAR.2/06.04.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/