Ganesh v. The Sub Inspector Of Police

CRL OP(MD). No.11258 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.11258 of 2019 Ganesh ... Petitioner/Sole Accused Vs 1.The State Rep by The Sub Inspector of Police, Aaravayal Police Station, Devakottai Taluk, Sivagangai District.

Crime No.70/2019 ...1st Respondent/Complainant (*)2.Seenivasan ... 2nd Respondent/Defacto Complainant [2ND RESPONDENT IS AMENDED AS PER ORDER OF THIS COURT DATED 03/09/2019 IN CRL.M.P.(MD)NO.7622 OF 2019 IN CRL OP(MD)NO.11258 OF 2019 BY GRSJ] For Petitioner : M/s.M.Dinesh, Advocate.

For R-1 : Mr.A.Robinson, Government Advocate (Crl.Side) For R-2 : No Appearance PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.70 of 2019 on the file of the Respondent Police ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 341, 506(ii), 406 and 420 of IPC, in Crime No.70 of 2019, seeks anticipatory bail.

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CRL OP(MD). No.11258 of 2019 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.The petitioner is a builder. The second respondent had given certain amount to the petitioner for constructing a house. The house has also been constructed. But a dispute arose between the petitioner and the second respondent, regarding the value of construction and civil suit is also pending.

4.It appears that the case is civil in nature. 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, Devakottai 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.

5.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/- 03/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,DEVAKOTTAI 2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3.THE SUB INSPECTOR OF POLICE, AARAVAYAL POLICE STATION, DEVAKOTTAI TALUK, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11258 of 2019 Date :03/09/2019 TK/PN/SAR.2/13.09.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2