Jeganathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.07.2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD)No.12507 of 2023 Jeganathan ... Petitioner/Accused Vs The State represented by The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

(Crime No.275 of 2023) ... Respondent/Complainant For Petitioner : Mr.K.Rajeshwaran, Advocate For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.275 of 2023 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 offence punishable under Sections 406, 420 & 468 IPC, in Crime No.275 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner borrowed a sum of

Rs.3,00,000/- from the defacto complainant to purchase land and refused to repay. After several reminders, the petitioner issued three outdated cheques and the same were not accepted by the Bank. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. The alleged occurrence is said to have taken place on 19.12.2013 and the complaint was lodged only on 07.06.2023. 4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the investigation in this case at initial stage. 5.Considering the nature of offence and also considering the fact that it is only business transaction and the defacto complainant also initiated proceedings under Section 138 of the Negotiable Instruments Act, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate-II, Kovilpatti, Thoothukudi, on condition that the petitioner shall execute 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.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 stands dismissed. sd/- 10/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1 THE JUDICIAL MAGISTRATE NO.II KOVILPATTI, THOOTHUKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3 THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION THOOTHUKUDI DISTRICT.

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

+ 1 CC TO Mr.K.Rajeshwaran, Advocate IN SR No.33459(F)

ORDER

IN CRL OP(MD) No.12507 of 2023 Date :10/07/2023 SS/DD/27/07/2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023