Madras High CourtCRL OP(MD)/14755/2020ordered

C.Jayaraj v. The Inspector Of Police

2020-12-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD) No.14755 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of December Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14755 of 2020 C.JAYARAJ ... PETITIONER / ACCUSED NO.1 Vs 1 THE INSPECTOR OF POLICE KOTTUR POLICE STATION, BELLARY DISTRICT, KARNATAKA STATE.

CRIME NO.175/2019 ... RESPONDENT NO.1/ COMPLAINANT 2 THE INSPECTOR OF POLICE NORTH POLICE STATION, TUTICORIN.

RESPONDENT NO.2 For Petitioner : Mr.T.THIRUMURUGAN, Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, seeks Interstate Anticipatory Bail in Crime No.175 of 2019, on the file of the first respondent police for the offence under Sections 406, 420, 506(i) r/w 34 of IPC. 2.The case of the prosecution as per the complaint lodged by the defacto complainant is that he had entered into business agreement with one company viz., "Vigneshwara Agri Export" and paid a sum of Rs.17,00,000/- to the said company's proprietor. Thereafter, the said proprietor of the said company has failed to pay the amount of Rs.17,00,000/- for his delivery of materials.

Hence the defacto complainant preferred a complaint before the first respondent Police and on the basis of the complaint, the first respondent Police has registered a FIR in Crime No.175 of 2019 for the offences under Sections 406, 420, 506(i) r/w 34 of IPC. 3.Taking into consideration the nature of allegation in the F.I.R., the facts and circumstances of the case , this Court is inclined to grant inter-state interim anticipatory bail to the https://hcservices.ecourts.gov.

CRL OP(MD) No.14755 of 2020 petitioner for a period of eight weeks from today to enable him to move the concerned Court.

4.The learned Government Advocate (Crl. Side) would submit that no summons or warrant has been directed to be served through the second respondent.

5. Accordingly, interim interstate anticipatory bail is granted to the petitioner for a period of eight weeks, subject to the following conditions:

(i) The petitioner shall surrender before the Judicial Magistrate Court, Tuticorin, within 15 days from the date of receipt of copy of this order;

(ii) On such surrender, he shall be released on bail on condition that he shall execute a bond for Rs.10,000/- with two sureties each for a like sum to the satisfaction of the said Magistrate.

(iii) Within six weeks of such surrender before the above said Magistrate, the petitioner shall seek appropriate relief before any of the jurisdictional Courts in the State of Karnataka. This petition is ordered accordingly.

sd/- 15/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TUTICORIN.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE, KOTTUR POLICE STATION, BELLARY DISTRICT, KARNATAKA STATE.

4 THE INSPECTOR OF POLICE NORTH POLICE STATION, TUTICORIN.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-25623[F] dated 15/12/2020 ORDER IN CRL OP(MD) No.14755 of 2020 Date :15/12/2020 MS/JM/SAR-3/29.12.2020/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2