Ponnusamy, S/O.Kurunthan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15654 of 2018 1 PONNUSAMY 2 LAKSHMI ... PETITIONERS/ACCUSED NO.1&2 Vs STATE REPRESENTD BY THE INSPECTOR OF POLICE, FORT POLICE STATION, TRICHY DISTRICT.
CRIME NO.710 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.K.SIVABALAN Advocate For Respondent : Govt. Advocate ( Crl. Side) 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 406, 417 and 420 of I.P.C., in Crime No.710 of 2018, seek anticipatory bail. 2.The case of the prosecution is that on 05.12.2017, the petitioners induced the defacto complainant that he would procure the Women's Secretary Post in Deepa Peravai political party and said to have received Rs.5 lakhs from the defacto complainant. Thereafter, the defacto complainant issued a cheque drawn by KVB Bank, bearing cheque No.000205 to the tune of Rs.5 lakhs and also executed 20 rupees bond paper.
Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioners are an innocent and they have not committed any offence as alleged by the prosecution and also the complaint dated 08.09.2017 itself, the alleged cheque and other pronotes, stamp papers were missing. It is also seen that there is no proof to show that the defacto complainant gave a sum of Rs.5 lakhs to the petitioner for getting Women's Secretary Post in Deepa Peravai political party. Hence, he prays for grant of anticipatory bail to the petitioner.
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4.Heard the learned Additional Public Prosecutor appearing for the respondent.
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Trichy and on their 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 petitioners shall appear before the respondent police daily at 10.30.am., for a period of two weeks thereafter, as and when required for interrogation. 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/- 05/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO I, TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE, FORT POLICE STATION, TRICHY DT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.SIVABALAN Advocate SR.No. 17076
ORDER
IN CRL OP(MD) No.15654 of 2018 Date :05/09/2018 MSI/RR/SAR-IV/11.09.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/