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Madras High CourtCRL OP(MD)/9801/2018granted

Srinivas Acharya v. The Inspector Of Police

2018-06-18Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9801 of 2018 1 SRINIVAS ACHARYA 2 S.RAJAGOPALAN 3 R.SRINIVASAN 4 V.SUDHARSAN ... PETITIONERS / ACCUSED No.1 to 4 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, CCB, TIRUNELVELI CITY, TIRUNELVELI DISTRICT.

CR NO. 9 OF 2017.

... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.E.ILANGO Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are apprehending arrest at the hands of the respondent police for the offence punishable under Section 409 IPC, in Crime No. 09 of 2017, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent. 3.It is seen that the defacto complainant is the borrower from the M/s.Sundaram BNP Paribas Home Finance Ltd.,. The petitioners are functioning as Managing Director, Senior Vice-President, Zonal Manager and Area Manager respectively. The learned counsel for the petitioner submitted to the Court that the defacto complainant was a rank defaulter and since the petitioner initiated some recovery measures, the present complaint came to be registered for wreak vengeance and for harassment.

4.Considering the nature of allegations, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released https://hcservices.ecourts.gov.in/hcservices/

on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court No.I, Tirunelveli, and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two common sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The petitioners 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/- 18/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1, TIRUNELVELI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE CCB, TIRUNELVELI CITY, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.M.E.ILANGO Advocate SR.No.10619.

ORDER

IN CRL OP(MD) No.9801 of 2018 Date :18/06/2018 SDS/PN/GSR/20.06.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/