Anand Selvaraj, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Anand Selvaraj ... Petitioner/Accused No.1 Vs State rep.by, The Inspector of Police, City Crime Branch, Madurai City.
Crime.No.1 of 2019. ... Respondent/Complainant M.Mohamed Iliyas ... Petitioner/Intervener in CRL MP(MD)No.6385/2019 For Petitioner : M/s.N.Mohideen Basha, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervenor : Mr.S.M.A.Jinnah, Advocate.
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For anticipatory bail in Cr.no.1 of 2019 on the file of the respondent police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the intervenor and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioner is figuring as accused No.1 in Crime No.1 of 2019 on the file of the respondent police for the offences punishable under sections 406, 420 and 506(2)of I.P.C. Apprehending 1/3
arrest at the hands of the respondent police, he seeks anticipatory bail.
3. The case itself came to be registered following the direction under Section 156(3) of Cr.P.C., issued by the Judicial Magistrate No.1, Madurai. It is seen that there was a financial transaction between the petitioner herein and the defacto complainant. The learned counsel appearing for the defacto complainant would submit that audit reports and other materials on record would clearly indicate that the defacto complainant had given substantial sum of money and that the petitioner owes to pay him a huge sum.
4. Be that as it may, the case against the petitioner rests on documentary evidence and his custodial interrogation is not at all necessary.
5. In this view of the matter, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.1, Madurai 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. for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.
5. 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/- 05/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.1, MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 2/3
3.THE INSPECTOR OF POLICE CITY CRIME BRANCH, MADURAI CITY.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.N.MOHIDEEN BASHA Advocate SR.No.14983 +1. CC to M/S.S.M.A.JINNAH, Advocate SR.No.14948
ORDER
IN CRL OP(MD) No.6862 of 2019 Date :05/09/2019 PMU PK/VR/SAR-1/10.09.2019 : 3P/7C 3/3