Manivannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of August Two Thousand Eighteen PRESENT THE HON`BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD) No.14064 of 2018 1 MANIVANNAN ... PETITIONER(S) / ACCUSED NO.6 Vs 1 THE INSPECTOR OF POLICE VALLATHIRAKKOTTAI POLICE STATION, PUDUKKOTTAI DISTRICT, (CR NO. 37 OF 2016) ... RESPONDENT(S) / COMPLAINANT(S) For Petitioner : M/S.K.K.SENTHIL Advocate For Respondent : MR.V.NEELAKANDAN, THE ADDITIONAL PUBLIC PROSECUTOR 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 420 and 506(i) I.P.C. in Crime No.37 of 2016, seeks anticipatory bail. 2.

The case of the prosecution is that the first accused assured the defacto complainant that he would get a job for his son. For that purpose, he demanded a sum of Rs.5,00,000/- from the defacto complainant. Believing the words of the first accused, on 11.07.2014 the defacto complainant paid a sum of Rs.1,00,000/-. Thereafter on 13.07.2014, a sum of Rs.55,000/- paid to the first accused. On instruction of the first accused, a sum of Rs.45,000/- was deposited in the petitioner's bank account, viz., Axis Bank, Mylapore Branch, Chennai. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is no way connected with the first accused. He did not receive any amount from the defacto complainant as alleged in the first information report.

He has also produced the statement of Axis Bank, Mylapore, Chennai for a period commencing from 01.01.2012 to 01.04.2017 and stated that nothing has been reflected to that effect. Hence, he prays for anticipatory bail to the petitioner.

4.Heard the learned Additional Public Prosecutor appearing for the respondent.

5.It is seen from the statement of account used by the petitioner, no amount has been deposited by the defacto complainant during the period from 01.01.2012 to 01.04.2017. He has also filed an affidavit to that effect. This Court already granted anticipatory bail to Accused Nos.1 to 3, 5 and 7 in Crl.O.P(MD).No.8316 of 2017, dated 17.07.2017.

6.Taking note of all these aspects, 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, Pudukkottai and on his executing 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 on further condition that the petitioner shall appear before the respondent police every Saturday and Sunday at 10.30 a.m for a period of four weeks and thereafter as and when required for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 20/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE VALLATHIRAKKOTTAI POLICE STATION, PUDUKKOTTAI DT.,

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1 CC TO MR.K.K.SENTHIL, Advocate sr.No.79275

ORDER

IN CRL OP(MD) No.14064 of 2018 Date :20/08/2018 TR/JC/SAR-2 (03/09/2018) 3P/4C