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Madras High CourtCRL OP(MD)/4922/2018disposed of

P.Abdul Rahuman v. The Inspector Of Police

2018-04-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4922 of 2018 1 P.ABDUL RAHUMAN 2 S.MOHAMED ALI ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs THE STATE REP.BY, 1 THE INSPECTOR OF POLICE ALLINAGARAM POLICE STATION, THENI DISTRICT (CRIME NO. NOT KNOWN OF 2018) 2 THE INSPECTOR OF POLICE VINOBANAGARA POLICE STATION, DOTTAPETE CIRCLE, SHIVAMOGGA DISTRICT, KARNATAKA ... RESPONDENTS / COMPLAINANTS For Petitioners : M/S.R.ANAND Advocate For Respondents : MR.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 420, 506(II), 406 and 409 read with 34 I.P.C. in Crime No.119 of 2017 on the file of the second respondent police, seek interstate anticipatory bail.

2.The petitioners seek interstate anticipatory bail for a limited period. The petitioners are residents of Theni District. The defacto complainant viz., S.Velusamy is also a resident of Theni District. He is having business in Shivamogga District. It is submitted by the learned counsel for the petitioners that the petitioners herein were having business transaction with the defacto complainant and that he has lodged a complaint against them before the Inspector of Police, Vinobanagara Police Station, Dottapete Circle, Shivamogga District, Karnataka, pursuant to which, a case in Crime No.119 of 2017 was registered against the respondents.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any of the offences as alleged by the prosecution. https://hcservices.ecourts.gov.in/hcservices/

4.Heard the learned Government Advocate (Crl.side) also. 5.Considering the facts and circumstances of the case, this Court in such cases grants interstate anticipatory bail for a limited period. Thus, taking note of the facts and circumstances of the case on hand, that the transaction is primarily commercial in nature, interstate anticipatory bail is granted to the petitioners till 02.05.2018. They are directed to be enlarged on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Theni, on condition that they should execute a personal bond for a sum of Rs.25,000-(Rupees Twenty Five Thousand only) with two sureties to the satisfaction of the Respondent-Police or the Police Officer, who intends to arrest or to the satisfaction of the Magistrate concerned. The second condition is that before 02.05.

2018, the petitioners shall appear before the concerned Court of jurisdiction and seek relief before the said Court for anticipatory bail. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. sd/- 02/04/2018 / 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 MAGISTATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE ALLINAGARAM POLICE STATION, THENI DISTRICT.

4 THE INSPECTOR OF POLICE VINOBANAGARA POLICE STATION, DOTTAPETE CIRCLE, SHIVAMOGGA DISTRICT, KARNATAKA 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.ANAND Advocate SR.No.5169

ORDER

IN CRL OP(MD) No.4922 of 2018 Date :02/04/2018 MKV-CM-VR-SAR 4/4.4.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/