M.Kathiresan v. The Inspector Of Police

CRL OP(MD). No.9880 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.9880 of 2022 M.Kathiresan ... Petitioners/Sole Accused Vs The State Rep. By, The Inspector of Police, Solavanthan Police Station, Madurai District.

(Crime No. 111 of 2022).

... Respondent/Complainant For Petitioner : M/s.Karthick Kumar.A, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 111 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 420 and 506(ii) of I.P.C, in Crime No.111 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is working as typist in the Magistrate Court, Vadipatti. She had taken a LIC policy for a sum of Rs.2,50,000/- with the help of the petitioner who is an LIC agent. Thereafter, the defacto complainant got a loan on her LIC bond and gave a sum of Rs.36,000/- to the accused and directed the accused to repay the said amount. Since the accused/petitioner failed to remit the same and cheated the defacto complainant, she filed the complaint.

3. The learned counsel for the petitioners submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned Additional Public Prosecutor for the respondent police submitted that investigation is pending. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.9880 of 2022

5. Considering the nature of the offence and the allegation levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the Judicial Magistrate Court, Vadipatti, on condition that the petitioner shall execute 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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 stands dismissed.

sd/- 01/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, VADIPATTI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, SOLAVANTHAN POLICE STATION, MADURAI DISTRICT.

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

ORDER IN CRL OP(MD) No.9880 of 2022 Date :01/06/2022 rmi/tta USK/VR/SAR-IV/03.06.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2