Ganesan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14319 of 2018 GANESAN ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, PATHAMADAI POLICE STATION, TIRUNELVELI DISTRICT.

IN CRIME NO.79 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.SUNDARAPANDIAN, Advocate For Respondent : Mr.V.NEELAKANDAN, 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 406 and 420 of I.P.C. in Crime No.79 of 2017, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner, who is a land broker approached the defacto complainant by stating that he will make arrangement to sell the property belongs to him for a sum of Rs.10,00,000/- and demanded Rs.80,000/- as commission and he asked to execute a sale deed in his favour and hence, on 23.12.2016, a sale deed was executed.

However, the sale amount paid through cheque was subsequently dishonoured and when the same was questioned by the defacto complainant, the petitioner agreed to cancel the sale deed and got a sum of Rs.23,000/- for expenses. However, till now, the said sale deed has not been cancelled by the petitioner. Hence, the complainant.

3.Heard the learned counsel appearing for the petitioner, who would submit that the petitioner did not involve in the offence as alleged by the prosecution and he is no way connected with the alleged occurrence.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that investigation is pending. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with

certain conditions. Accordingly, the petitioner is directed to deposit a sum of Rs.90,000/- (Rupees ninety thousand only) to the credit of crime No.79 of 2017 on the file of the respondent police before learned Judicial Magistrate, Cheranmahadevi and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate concerned 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 daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

6.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/- 21/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, CHERANMAHADEVI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUENLVELI DISTRICT.

3. THE SUB INSPECTOR OF POLICE, PATHAMADAI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.S.SUNDARAPANDIAN Advocate SR.No.16157 ORDER IN CRL OP(MD) No.14319 of 2018 Date :21/08/2018 MS/VR/SAR-1/31.08.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/