Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14374 of 2018 RAJA ... PETITIONER/ACCUSED No.3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, TUTICRIN DISTRICT CR NO.86 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.B.CHARMURUGAN, Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A3 apprehends arrest at the hands of the respondent police for the offences punishable under Section 420. 294 (b) and 506(ii) of I.P.C., in crime No.86 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the friend of co-accused. The petitioner arraigned as A3. Due to their friendship, they decided to start a petrol bulk at Meignanapuram at Tuticorin District, in which, the defacto complainant invested a sum of Rs.14,95,500/- and after the receipt of the same, the petitioner and others did not start the business. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that it is purely civil in nature and due to business transaction, there is a dispute between the defacto complainant and the petitioners. Furthermore, this Court had already granted anticipatory bail to A1, 2, 4 and 5 in this case in Crl.O.P.(MD) No.10700 of 2018 on 28.06.2018.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor would submit that the investigation is pending.

5.Considering the facts and circumstances of the case and considering the fact that entire is issue is relating to civil in nature and already co-accused have been released on anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Tiruchendur and on his 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

6.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/- 14/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR, TUTICORIN DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, TUTICORIN DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.B.CHARMURUGAN, Advocate SR.No.15597

ORDER

IN CRL OP(MD) No.14374 of 2018 Date :14/08/2018 PK/VR/SAR-4/21.08.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/