R. Sentamil Selvi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15947 of 2018 1 R. SENTAMIL SELVI 2 A. RENGARAJ ... PETITIONERS / ACCUSED NO.1 & 2 Vs STATE REP BY ITS INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, MADURAI DISTRICT ... RESPONDENT / COMPLAINANT For Petitioners : MR.A.JEYARAM Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor For Intervener : MR.M.KUMAR, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420,468,471 of IPC, in Crime No.21 of 2018, seek anticipatory bail. 2.
The case of the prosecution is that the petitioners borrowed a sum of Rs.2,00,000/- 10 years back and they are regularly paying interest for the last two years. After that they failed to pay the interest. Therefore the petitioners executed pronote to the tune of Rs.10,00,000/- and also executed mortgage deed in favour of defacto complainant. Thereafter he found that the said mortgage deed is forged one. Hence, the complaint.
3.The learned counsel appearing for the petitioners would submit that they paid the interest for the past 9 years and he failed to pay the interest for the last two years, therefore he executed pronote to the tune of Rs.10,00,000/- and the defacto complainant has also filed a suit in O.S.No.222 of 2018 on the file of the VI Additional District Court, Madurai and it is pending for recovery of money. Hence, he prays for anticipatory bail to the petitioners.
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4. The learned counsel for the defacto complainant would submit that for the repayment of the said loan amount they have executed pronote and thereafter it was found that it was a forged one and therefore he vehemently opposed grant of anticipatory bail to the petitioners.
5. Heard the learned Additional Public Prosecutor appearing for the respondent 6.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 on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Madurai 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 first petitioner shall report before the respondent police as and when required for interrogation and the second petitioner shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
7.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/- 26/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO I, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.A.JEYARAM Advocate SR.No.18401 +1. CC to MR.M.KUMAR Advocate SR.No. 18443
ORDER
IN CRL OP(MD) No.15947 of 2018 Date :26/09/2018 MSI/PN/SAR-I/03.10.2018-2P/7C https://hcservices.ecourts.gov.in/hcservices/