Balamurugan v. The Inspector Of Police

CRL OP(MD). No.12258 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.12258 of 2019 Balamurugan, ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Paramamkudi Town Police Station, Ramanathapuram District.

(Crime No.185 of 2019).

... Respondent/Complainant For Petitioner : Mr.K.Yasar Arafath, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in crime No.185 of 2019 on the file of the Respondent Police.

ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent Police for the offence punishable under Section 420 IPC in Crime No.185 of 2019. He seeks anticipatory bail.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

3.The case of the defacto complaint is that he handed over the car in question to his son-in-law/A1 and that there has been a collision between A1 and the present petitioner herein. 4.Per contra, the learned counsel for the petitioner would claim that the petitioner is an innocent purchaser. 5.Be that as it may, this Court grants anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12258 of 2019 petitioner on condition that the petitioner will produce the vehicle in question before the jurisdictional Magistrate. The petitioner can of course file an application for return of the vehicle. Once such application is filed, the learned Magistrate will hear the defacto complainant and pass appropriate order in accordance with law. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Paramakudi 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. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is 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, PARAMAKUDI.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, PARAMAMKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.YASAR ARATATH, Advocate ( SR-14752[I] dated 04/09/2019 )

ORDER

IN CRL OP(MD) No.12258 of 2019 Date :03/09/2019 rmk AE/VR/SAR-II (09.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2