C. Balamurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) Nos.16346, 16347, 16348 and 17077 of 2018 and CRL MP(MD) Nos.7785, 7786 & 7787 of 2018 C. BALAMURUGAN ... PETITIONER / ACCUSED RANK NOT KNOWN (in CRL OP(MD) No.16346 of 2018) K.LAKSHMANAN ... PETITIONER / ACCUSED RANK NOT KNOWN (in CRL OP(MD) No.16347 of 2018) K.KARUPPASAMY ... PETITIONER / ACCUSED RANK NOT KNOWN (in CRL OP(MD) No.16345 of 2018) 1.P.THANGAPANDIAN 2.M.GANESAN ... PETITIONER / ACCUSED RANK NOT KNOWN (in CRL OP(MD) No.17077 of 2018) Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THENI DISTRICT, CRIME NO.NOT KNOWN OF 2018 ... RESPONDENT / COMPLAINANT (in all the petitions) R.RAJA ...
PETITIONER / INTERVENER/DEFACTO COMPLAINANT (CRL MP(MD) Nos.7785, 7786 & 7787 of 2018 in CRL OP(MD) Nos.16346, 16347 & 16348 of 2018) For Petitioner : Mr.R.MAHESWARAN, Advocate. (in all the petitions) For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor. (in all the petitions) For Intervener : Mr.M.JEGADEESHPANDYAN, Advocate. (CRL MP(MD) Nos.7785, 7786 & 7787 of 2018 in CRL OP(MD) Nos.16346, 16347 & 16348 of 2018) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :- COMMON ORDER The petitioners/Accused in the respective petitions apprehend arrest at the hands of the respondent police for the offences punishable under Section 420 of I.P.C. in Crime No.not known of 2018, seeks anticipatory bail.
2.The case of the prosecution is that the petitioners obtained vehicle loan from the defacto complainant viz., Sakthi Finance Limited and purchased lorries and they have failed to repay the instalments and on the verifications, the defacto complainant found that the vehicle were transferred to another person and thereby, the petitioner committed offence. Hence, the complaint. 3.When the matter were taken up for hearing on earlier occasion, the learned Additional Public Prosecutor would submit that petition enquiry is pending as against the petitioners and hence, the matters were posted today for reporting compliance. Today, when the matters are taken up for hearing, the learned Additional Public Prosecutor would submit that the enquiry has been conducted and a case in crime No.
42 of 2018 has been registered as against the petitioners for the offences under Sections 120(b), 406, 420 and 506 (i) of I.P.C. and the investigation is going on. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case.
4.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, Theni and on each of them 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 as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 5..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/- 11/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, THENI.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.
3.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THENI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.R.MAHESWARAN, Advocate, SR.No.19699.
ORDER
IN CRL OP(MD) Nos.16346, 16347, 16348 and 17077 of 2018 CRL MP(MD) Nos.7785, 7786 & Date :11/10/2018 RAM/RR/SAR 1/22.10.2018/3P/6C