Madras High CourtCRL OP(MD)/11008/2018partly allowed

S.J.Simon Baldesingh v. The Insepctor Of Police

2018-07-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) Nos.11008 and 11009 of 2018 1 S.J.SIMON BALDESINGH 2 M.FAITH MIRIAM ... PETITIONERS / ACCUSED Nos.1 & 2 in both the petitions Vs STATE THROUGH THE INSEPCTOR OF POLICE PERUNGUDI POLICE STATION, MADURAI DISTRICT ... RESPONDENT COMPLAINANT CRIME NO. 18/2018 IN CRL OP(MD)No.11008/18 CRIME NO. 19/2018 IN CRL OP(MD)No.11009/18 For Petitioners : Mr.V.SANTHAKUMARESAN Advocate in both the petitions For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) in both the petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.

1 & 2 in both cases apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 420 and 506(ii) of I.P.C. in Crime Nos.18 and 19 of 2018, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.It is a case of Job Rocketing. Totally, two complaints have been received. The allegation is that the petitioners have taken a sum of Rs.3,00,000/- in all. This court is of the view that if the amount in question is repaid to the defacto complainants, the petitioners can be granted some relief.

https://hcservices.ecourts.gov.in/hcservices/ 4.The counsel for the petitioners submits that the second petitioner can mobilize a sum of Rs.1,00,000/-. This court is of

the view that in such a case, the second petitioner in these petitions alone can be granted the relief of anticipatory bail. Accordingly, these petitions are dismissed as far as the first petitioner is concerned.

4.Taking into account of the facts and circumstances, this Court is inclined to grant anticipatory bail to the second petitioner with certain conditions. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.VI, Madurai and on his 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 learned Magistrate concerned and on further condition that the second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

5.The second 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/- 13/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSEPCTOR OF POLICE PERUNGUDI POLICE STATION, MADURAI DISTRICT DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI TM JAM/19/07/2018/ RR /SAR 1/ 2P-5C

ORDER

IN CRL OP(MD) Nos.11008 and 11009 of 2018 Date :13/07/2018 https://hcservices.ecourts.gov.in/hcservices/