Maheswari v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12540 of 2018 1 MAHESWARI 2 SENTHILKUMAR ... PETITIONERS / ACCUSED NOS.1 & 2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT IN CRIME NO.284/2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.M.CHELLAPANDIAN Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) For Intervenor : Mr.A.L.KANNAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offence punishable under Section 294(b), 408, 420 and 506(i) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, in Crime No. 284 of 2018, seek anticipatory bail.
2.Heard the learned counsel appearing for the petitioners, the learned counsel for the defacto complainant and the learned Government Advocate (Criminal Side) for the respondent. 3.The defacto complainant is facing prosecution in a case under Section 138 of the Negotiable Instruments Act, instituted by the second petitioner herein. The allegation made by the defacto complainant is that the first petitioner was an employee and that he colluded with the second petitioner and passed on signed blank cheque, which was used for instituting a case under Section 138 of N.I.Act after against was dishonoured.
https://hcservices.ecourts.gov.in/hcservices/ 4.This Court is of the view that the case against the petitioners rests on registered documentary evidence and hence, the
petitioners arrest may not be necessary. Accordingly, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. The petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Karaikudi and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each with two sureties 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 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
sd/- 23/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI, SIVAGANGAI DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI 3 THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION, SIVAGANGAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.CHELLAPANDIAN Advocate SR.No.13716 LS JAM/31/07/2018/RR /SAR 1 /2p-6c
ORDER
IN CRL OP(MD) No.12540 of 2018 Date :23/07/2018 https://hcservices.ecourts.gov.in/hcservices/