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Madras High CourtCRL OP(MD)/19785/2018ordered

David Kumar, S/O.Subramanian v. The Inspector Of Police,

2018-11-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19785 of 2018 1 DAVID KUMAR 2 ELIZABETH MARY ... PETITIONERS / ACCUSED 1 & 2 Vs STATE REP. BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.14 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : MR.S.SAMUELJAMES DEVASAGAYAM 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 petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 406 and 420 of IPC in Crime No.14 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the 2nd accused by assuring the defacto complainant that she will arrange job for his son through his son who is in abroad and also obtained Rs.1,11,000/- and cheated the same. On enquiry, she refused her assurance. Hence, the complaint.

3.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the 2nd accused obtained Rs.1,11,000/- on false assurance and now she returned Rs.62,000/- to the defacto complainant.

5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released https://hcservices.ecourts.gov.in/hcservices/

on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.2, Sivagangai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each 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 at 10.30 a.m. for a period of two weeks. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.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/- 02/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.S.SAMUELJAMES DEVASAGAYAM Advocate SR.No. 21131

ORDER

IN CRL OP(MD) No.19785 of 2018 Date :02/11/2018 JM/VR MMS/SAR 4/13.11.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/