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Madras High CourtCRL OP(MD)/15601/2018ordered

R. Saravanakumar, v. The Sub Inspector Of Police,

2018-09-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15601 of 2018 R. SARAVANAKUMAR, ... PETITIONER / SOLE ACCUSED Vs STATE REP.BY THE SUB-INSPECTOR OF POLICE, SELLUR POLICE STATION, MADURAI CITY. MADURAI.

(CRime NO. NOT KNOWN OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.N.SATHEESH KUMAR 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, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 294(b) and 506(i) I.P.C. in Crime No.Not known of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner failed to repay the loan amount of Rs.10,00,000/- to the defacto complainant. When the same was questioned by the defacto complainant, the petitioner abused him with filthy language. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner borrowed a sum of Rs.10,00,000/- loan from the defacto complainant for his urgent family and medical expenses. At the time of lending loan itself, the defacto complainant deducted a sum of Rs.1,40,000/- as interest and handed over only a sum of Rs.8,60,000/-. Thereafter, the petitioner remitted a sum of Rs.9,81,400/- out of 10,00,000/- to the defacto complainant. He further submitted that the petitioner is an innocent. He did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioner.

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4.The learned Additional Public Prosecutor appearing for the respondent submitted that the investigation is pending. 5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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.II, Madurai 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 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/- 25/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, MADURAI 2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE SUB INSPECTOR OF POLICE, SELLUR POLICE STATION, MADURAI CITY.

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

+1. CC to MR.N.SATHEESH KUMAR Advocate SR.No.18212

ORDER

IN CRL OP(MD) No.15601 of 2018 Date :25/09/2018 AE/RR/SAR1/01.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/