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Madras High CourtCRL OP(MD)/19155/2018ordered

G.Kathiral, W/O.Balavannan, v. State Rep By Inspector Of

2018-11-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19155 of 2018 G.KATHIRAL ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REP BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT.

CRIME NO.4 of 2016 ... RESPONDENT / COMPLAINANT For Petitioner : MR.H.ARUMUGAM 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 apprehends arrest at the hands of the respondent police for the offences punishable under Sections 409 and 420 of IPC in Crime No.4 of 2016, seek anticipatory bail. 2.The case of the prosecution is that when the defacto complainant made entry in his Bank Pass book with regard to his Account No.1132101012217 maintained in Canara Bank, Gangaikondan Branch, he came to know that Rs.50,000/- was deducted from his account on 22.08.2011 and another Rs.50,000/- was deducted on 21.09.2011. Hence, the complaint.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor.

4.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He is an innocent person and he was falsely implicated in this case.

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5.The learned Additional Public Prosecutor appearing for the respondent submitted that at the time of occurrence the accused person working as a clerk in the said branch and cheated Rs.1,00,000/- from the defacto complainant's account. 7.Taking note of the facts and circumstances, 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 No.I, Tirunelveli 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 as and when required for interrogation.

The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 8.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/- 02/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.H.ARUMUGAM Advocate SR.No. 21113

ORDER

IN CRL OP(MD) No.19155 of 2018 Date :02/11/2018 JM/VR MMS/SAR 4/13.11.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/