Madras High CourtCRL OP(MD)/23015/2018ordered

Kandasamy v. The Inspector Of Police

2018-12-27Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.23015 of 2018 KANDASAMY ... PETITIONER / 1st ACCUSED Vs THE STATE REP. BY, THE INSPECTOR OF POLICE THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.

(CR NO. 843 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.P.KOTTAICHAMY Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 420, 294(b), 506(ii) IPC, in Crime No.843 of 2018 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that a complaint has been lodged as if the petitioner has cheated the de-facto complainant under the guise of arranging a job.

3. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate [Criminal Side] for the respondent State.

4. According to the petitioner, he is a close relative to the de-facto complainant and due to some misunderstanding, a false complaint has been preferred.

5. The fact remains that the petitioner is a close relative and he has parted with certain amount and due to non-repayment of the amount, the complaint has been lodged.

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6. Considering the facts and circumstances of the case and considering the fact that money has been given by consent of the

petitioner for arranging job, this Court is inclined to grant Anticipatory Bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.1, Tirunelveli and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate concerned and on further condition that the petitioner shall appear before the respondent police once in a week. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7. The petitioner shall appear before the concerned Judicial Magistrate within a period of 15 days from the date on which the order copy was made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO I , TIRUNELVELI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE INSPECTOR OF POLICE THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.23015 of 2018 Date :27/12/2018 MSI/JC/SAR-III/03.01.2019-2P/5C https://hcservices.ecourts.gov.in/hcservices/