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Madras High CourtCRL OP(MD)/11465/2018granted

Nagaraj v. The Inspector Of Police

2018-07-16Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11465 of 2018 1 NAGARAJ 2 ANBUSELVAN ... PETITIONERS/ACCUSED 1 & A3 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE TALLAKULAM POLICE STATION, MADURAI CITY, CRIME NO.1265/2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.STELLA RAJKUMAR Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 and 3 apprehending arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 of I.P.C. in Crime No.1265 of 2018, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and also the learned counsel for the defacto complainant. 3.The amount involved in this case is Rs.5,00,000/-. The counsel for the petitioner on instructions of the petitioner undertakes that the entire amount will be paid to the defacto complainant within a period of one month. Recording this undertaking, this Court is inclined to grant anticipatory bail to the petitioners. The petitioners shall file an affidavit indicating the compliance of this undertaking on or before 17.08.2018. This Court will not entertain any petition for modification, relaxation or extension of time. The prosecution is directed to file petition for cancellation of anticipatory bail if this undertaking is not complied with.

https://hcservices.ecourts.gov.in/hcservices/ 4.Subject to the above condition, this Court is inclined to

grant anticipatory bail to the petitioners with certain other conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Madurai and on their 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 5.The petitioners shall appear before the concerned Magistrate within a period of eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 16/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE INSPECTOR OF POLICE TALLAKULAM POLICE STATION, MADURAI CITY, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.A.BANUMATHY Advocate SR.No.13193

ORDER

IN CRL OP(MD) No.11465 of 2018 Date :16/07/2018 SMA/JC/SAR-2/24.07.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/