Abraham v. The Inspector Of Police

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) No.11243 of 2018 ABRAHAM ... PETITIONER/ACCUSED No.1 Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

CRIME NO.10/2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.A.THIRUVADIKUMAR, Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl.Side) For Intervenor : MR.MALAYENDRAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 406, 465, 467, 468, 420, 120-B, 109, 506(i) IPC in Crime No.10 of 2018, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and the learned counsel for the defacto complainant.

3.The counsel for the defacto complainant claims that he has paid more than a sum of Rs.10 Crores towards Real Estate transactions. This Court wanted to know the mode of such payment. It appears that a sum of Rs.20 lakhs was transferred through RTGS. Balance amount to the tune of almost Rs.10 Crore was dealt with in cash. Since the whole transaction was allegedly made through cash, this court cannot appreciate the case of the defacto complainant. https://hcservices.ecourts.gov.in/hcservices/ 4.Taking account all these circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain

other conditions, because of this aspect alone. 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.III, Thoothukudi 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.

5.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/- 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.III, THOOTHUKUDI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TUTICORIN, THOOTHUKUDI DISTRICT.

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

+1. CC to MR.A.THIRUVADIKUMAR, Advocate SR.No.13044

ORDER

IN CRL OP(MD) No.11243 of 2018 Date :13/07/2018 PK/JC/GSR/18.07.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/