Madras High CourtCRL OP(MD)/2485/2016dismissed

Chithrajothi v. The Inspector Of Police

2016-04-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of April Two Thousand Sixteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.2485 of 2016 1 CHITHRAJOTHI 2 BALAGANESH ... PETITIONERS/PETITIONERS/PETITIONERS/ ACCUSED NO.1 TO 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THOOTHUKUDI DIST.

CRIME NO. 20 OF 2015. ... RESPONDENT / COMPLAINANT S.VASANTHAM @ VASANTHAM SHARMILA ..PETITIONER/INTERVENING PETITIONER /DEFACTO COMPLAINANT A.MOHAMED RABIC ..INTERVENE PETITIONER For Petitioner : M/S S.M.ANANTHA MURUGAN Advocate For Respondent : MR.A.P.BALASUBRAMANI Government Advocate (Crl.Side) For Intervener : MR.T.R.SUBRAMANIAN, Advocate (Crl.MP.2312/16) MR.V.RAJIV RUFUS, Advocate (Crl.MP.1755/16) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 419, 465, 468, 471 and 420 I.P.C. in Crime No. 20 of 2015 on the file of the respondent police, seek anticipatory bail.

2. Heard the learned Counsel for the petitioners and the learned Government Advocate(Crl.Side) appearing for the State.

3. On 11.02.2016, this Court passed the following order: "Apprehending arrest at the hands of the respondent police in Crime NO.20 of 2015, on the file of the respondent police for offences under Sections 419, 465, 468, 471 and 420 I.P.C., the petitioners are now before this Court seeking Anticipatory Bail.

2. Accepting the representation of the learned Counsel for the petitioners that the petitioners are willing to cancel the impugned sale deed and pay the bonafide purchaser as well as the balance amount, i.e., due to the defacto complainant landlord, interim anticipatory bail is granted for a period of two weeks and the petitioners shall report before the respondent police daily at 10.30a.m., for interrogation till then.

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3. In the event of arrest, the petitioners are directed to be released on bail on their executing a bond for Rs.10,000/- without sureties to the satisfaction of the Arresting Officer.

4. Call on 25.02.2016."

4. On 15.03.2016, this Court passed the following order: "Today, when the matter was taken up for hearing, the learned Counsel for the accused/petitioners gave a Demand Draft bearing No.006114 for a sum of Rs.1,50,000/- drawn in favour of A.Rabitul Bashriya and the same was handed over to Mr.Rajiv Rufus, learned Counsel for the defacto complainant. With this payment, the petitioner has paid Rs.4,95,000/- to Rabitul Bashriya and the balance amount of Rs.9,55,000/- is to be paid by the petitioner. Post the matter on 29.03.2016."

5. Today when the matter was called, it is seen that the petitioner has not made any further payment to Rabitul Bashriya. Taking into consideration the nature of allegations made in the F.I.R., this Criminal Original Petition is dismissed. sd/- 04/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THOOTHUKUDI DISTRICT.

2 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.M.ANANTHA MURUGAN Advocate SR.No.18628 +1 CC to M/s.RAJIV RUFUS, Advocate, SR No.18638

ORDER

IN CRL OP(MD) No.2485 of 2016 Date :04/04/2016 SH/SKS/RR/SAR-I-6.4.16-2P-5C https://hcservices.ecourts.gov.in/hcservices/