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Madras High CourtCRL OP(MD)/11472/2018granted

Asaithami v. The Inspector Of Police

2018-07-09Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11472 of 2018 ASAITHAMI ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE, BODINAICKANOOR RURAL POLICE STATION, THENI DISTRICT.

IN CR NO. 325 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.R.SELVARAJ, Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl.Side) 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 294(b), 323, 506 (i) and 379 IPC and Sections 3 and 4 of Tamil Nadu Prohibition Charging Exorbitant Interest Act in Crime No.325 of 2018, seeks anticipatory bail.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police.

3.The petitioner had lent money to the defacto complainant. Since the defacto complainant did not re-pay the amount, the petitioner had forcibly recovered the four wheeler belonging to the defacto complainant. The said vehicle has been seized from the petitioner.

4.Considering the nature of allegation made against the petitioner, 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 Court, Bodinaickanoor, Theni District and on his executing a bond for a https://hcservices.ecourts.gov.in/hcservices/

sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 09/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, BODINAICKANOOR, THENI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT 3 THE INSPECTOR OF POLICE, BODINAICKANOOR RURAL POLICE STATION, THENI DISTRICT.

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

+1. CC to MR.R.SELVARAJ, Advocate SR.No.12562

ORDER

IN CRL OP(MD) No.11472 of 2018 Date :09/07/2018 PK/RR-CSL/VK/13.07.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/