D.Mahalakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11908 of 2018 1 D.MAHALAKHSMI 2 P.PRATHEEPA ... PETITIONERS/ACCUSED NOS.2&3 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, THANJAVUR DISTRICT, CRIME NO.13 OF 2018 ... RESPONDENT/ COMPLAINANT For Petitioners : Mr.P.PALANIYAPPAN 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 petitioners herein are borrowers from the de facto complainant's company. In this case, as many as nine vehicles were purchased, based on the financial assistance provided by the de facto complainant.

The terms of agreement specifically bar the borrowers from alienating the property in question. In this case, the borrowers had committed default. They have also alienated the vehicles. As a result, the creditors is unable to repossess the vehicles. Therefore, even while dismissing this Criminal Original Petition, this Court directs the respondent to secure all the vehicles and produce the same before the Jurisdictional Magistrate. This shall be done within a period of 14 days from today. A status report shall also be filed indicating the compliance of the direction now given.

2.With this direction, this Criminal Original Petition stands dismissed.

sd/- 31/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE NO I, THANJAVUR.

2.THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, THANJAVUR DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.S.PON SENTHIL KUMARAN Advocate SR.No.14869

ORDER

IN CRL OP(MD) No.11908 of 2018 Date :31/07/2018 TK/RR/SAR.1/10.08.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/