Alagesha Pandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Alagesha Pandi
2. Sugapriya
3. Manikandan ... Petitioners/Accused No.1 to 3 Vs The Inspector of Police, Kariapatti Police Station, Virudhunagar District, Crime No.111/2024.
... Respondent/Complainant For Petitioner :
Mr.M.Jothi Basu, Advocate For Respondent :
Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.111/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.111 of 2024, for the offence punishable under Sections 420 and 506(i) IPC, have filed this petition seeking anticipatory bail. 1/4
2. The case of the prosecution is that the defacto complainant has borrrowed a sum of Rs.2,00,000/- from the accused and the defacto complainant has issued two unfilled cheques to them. The accused have demanded exorbitant interest from the petitioner. They also presented the cheques for collection and the same was returned as 'payment stopped by drawer'. Then the defacto complainant has lodged the complaint to receive the cheque and stamp paper from the accused.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that there is no material evidence to show that the cheques have been misused by the accused. Only on apprehension, the defacto complainant has lodged this complaint. He further submits that there is no previous case pending against the petitioners.
5.Considering the facts and circumstances of the case and also considering the antecedents of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance 2/4
within a period of fifteen days from the date of receipt of a copy of this order, before the concerned Judicial Magistrate on condition that (i) the petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar District. (ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;
(iii) The petitioners shall appear before the respondent police as and when required for interrogation. They have to co-operate for the investigation. (iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 05/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
3 THE INSPECTOR OF POLICE, KARIAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-6137[I] dated 05/06/2024 )
ORDER
IN CRL OP(MD) No.8166 of 2024 Date :05/06/2024 RS/GS/SAR-(14.06.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4