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Madras High CourtCRL OP(MD)/12528/2019granted

R. Alagia Manavalan v. The Inspector Of Police

2019-09-09Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.12528 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12528 of 2019 R. Alagia Manavalan, ... Petitioner/Sole Accused Vs State rep by The Inspector of Police, Srirangam Police Station, Trichy City.

(Crime No.391 of 2019).

... Respondent/Complainant For Petitioner : M/s. K. Sivabalan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervener : Mr.N.Anandakumar PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.391 of 2019 on the file of the respondent ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner, learned counsel appearing for the intervener and learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 406 and 506(ii) of I.P.C., in Crime No. 391 of 2019 on the file of the respondent police, seeks anticipatory bail. 3.The defacto complainant had advanced a substantial sum of money to the petitioner in April 2018. The petitioner has not https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12528 of 2019 returned the same. Hence, Crime No.391 of 2019 was registered at his instance on the file of the Srirangam Police Station. 4.FIR was registered on 10.08.2019. But even prior to, on 31.07.2019, the petitioner has filed I.P.No.45 of 2019 before the Sub Court, Tiruchirappalli. The transaction between the parties appears to be rather civil in nature. In any event, in view of the pendency of the insolvency petition, the petitioner cannot be put on terms. Hence, anticipatory bail is granted to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.III, Trichy, 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/- 09/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III, TRICHY.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3. THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, TRICHY CITY.

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

+1CC TO MR.K.SIVABALAN, Advocate Sr. No.15192 +1CC TO MR.N.ANANDA KUMAR, Advocate Sr. No. 15114

ORDER

IN CRL OP(MD) No.12528 of 2019 Date : 09/09/2019 TR/PN/SAR-II (13.09.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2