V. Poovendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5097 of 2016 V. POOVENDRAN ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO. 122 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.VINOTH SINGH MISRA Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.122 of 2016, on the file of the respondent police for offences under Sections 406, 420, 294(b), 506(i) of I.P.C., the petitioner is now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent.

3. It is seen that the F.I.R. has been registered pursuant to the direction issued by the Court.

4. On reading of the F.I.R., the dispute essentially appears to be civil in nature and inasmuch as the petitioner is alleged to borrow a sum of Rs.3 lakhs and had not returned to the de-facto complainant.

5. Taking into consideration the nature of the allegations in the F.I.R., this Court is of the view that this is a fit case for grant of anticipatory bail to the petitioner. Accordingly, anticipatory bail is granted, but with conditions.

6. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rajapalayam, Virudhunagar, https://hcservices.ecourts.gov.in/hcservices/

on executing a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioner shall report before the respondent Police daily at 6.30 p.m. until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 23/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,RAJAPALAYAM, VIRUDHUNAGAR 2 THE CHIEF JUDICIAL MAGISTRATE,VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S M.VINOTH SINGH MISRA Advocate SR.No.16409

ORDER

IN CRL OP(MD) No.5097 of 2016 Date :23/03/2016 AA/JGB-DP/SAR-I/31.03.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/