Saravanan @ Saravanakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12772 of 2018 SARAVANAN @ SARAVANAKUMAR ... PETITIONER/ SOLE ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, MADURAI CITY.

Crime Np.455 of 2016 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.S.MAHENDRAPATHY Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as sole accused. He was arrested and remanded to judicial custody on 13.06.2018 for the offences punishable under Sections 294(b), 406, 420 and 506(ii) of IPC in Crime No.455 of 2016, on the file of the respondent police. He seeks bail.

2.The defacto complainant is said to have given a sum of Rs.4,30,000/- to the petitioner for supply of a Generator. But then the petitioner did not do so. During the pendency of this case, the petitioner's father had returned a sum of Rs.2,00,000/- and given an undertaking that the balance amount of Rs.2,30,000/- will be returned within a period of three months. If the undertaking is breached the order granting bail would stands cancelled automatically and the petitioner will be remanded in custody. The respondent is directed to monitor the compliance of this undertaking.

3.Therefore, recording the above said undertaking, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

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(i) 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 Judicial Magistrate No.II, Madurai.

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 25/07/2018 / 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 DISTRICT. 3.THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH,MADURAI CITY.

4.THE SUPERINTDENT, CENTRAL PRISON,MADURAI.

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

+1. CC to Mr.S.MAHENDRAPATHY Advocate SR.No.14022

ORDER

IN CRL OP(MD) No.12772 of 2018 Date :25/07/2018 TK/MMS/VK/25.07.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/