Madras High CourtCRL OP(MD)/8525/2019ordered

Siva v. The Inspector Of Police

2019-09-03Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.8525 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.8525 of 2019

1. Siva

2. Kalaiselvi ... Petitioners/Accused Nos. 1 & 2 Vs State Rep.by The Inspector of Police, Kovilpatti West Police Station, Tuticorin District (in Crime No.640/2017). ... Respondent/Complainant R.Mamtha ....Intervener/Defacto Complainant in Crl.M.P(MD)No.6494 of 2019.

For Petitioner : M/s.V.Malaiyendran, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervener : Mr.G.Thalaimuthurasu, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Cr.No.640/2017 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the intervenor and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 406 and 420 of I.P.C., in Crime No.640 of 2017, on the file of the respondent police, seek anticipatory bail.

3. It is seen that the first petitioner and the defacto complainant who are the brother and sister, have been running a partnership firm. There arose a difference of opinion between them. The allegation of the defacto complainant is that the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8525 of 2019 misused the signed blank cheques issued by the defacto complainant. On the very face of it, it is seen that it is a civil dispute.

4. In view of the above, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Kovilpatti, and executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each 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/- 03/09/2019 / 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-THRO-THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION,TUTICORIN DISTRICT

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

+1 CC to M/s.V.MALAIYENDRAN, Advocate(SR-14693[I] dated 04/09/2019) ORDER IN CRL OP(MD) No.8525 of 2019 Date :03/09/2019 PMU ES/PN/SAR 2/05.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2