G.Premkumar v. The Inspector Of Police

CRL OP(MD). No.12829 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12829 of 2019

1. G.Premkumar

2. P.Chandra

3. P.Sathish Kumar

4. P. Archana

5. Subbulakshmi ... Petitioners/A1 to A5 Vs 1 The State rep. by The Inspector of Police, Thirunagar Police Station, Madurai District.(Crime No. 314/2019). ... Respondent/Complainant 2 K.RASAIAH ... Intervening Petitioner/ Defacto Complainant For Petitioner : M/s.B.Karuppasamy, Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervenor : Mr.Ramesh @ Ramaiah PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 314 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the intervenor and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 355, 420 and 506(i) of I.P.C., in Crime No.314 of 2019, on the file of the respondent police, seek anticipatory bail. 3.The petitioners admit that they had received a sum of Rs.3,00,000/-. But the de-facto complainant claims that he had given a sum of Rs.14,00,000/- as loan. Since the admitted liability is Rs.3,00,000/-, the petitioners are put on terms. They are granted anticipatory bail subject to the condition that a demand draft is taken in the name of the de-facto complainant for a sum of Rs.3,00,000/- and given to him within a period of three months from the date of receipt of a copy of this order.

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CRL OP(MD). No.12829 of 2019 4.Recording the undertaking given by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners. It is made clear that if the petitioners have not complied with the condition, this anticipatory bail will stand cancelled automatically. It is further made clear that the condition was incorporated based on the undertaking given by the petitioners. 5.Subject to the above said condition, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.VI, Madurai, and on their executing a bond for a sum of Rs.

10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously. 6.The petitioners 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/- 17/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. JUDICIAL MAGISTRATE NO.VI, MADURAI.

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

3. THE INSPECTOR OF POLICE, THIRUNAGAR POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.RAMESH @ RAMAIAH, Advocate SR-15715[I] dated 18/09/2019 +1 CC to M/s.B.KARUPPASAMY, Advocate (SR-15867[I] dated 19/09/2019)

ORDER

IN CRL OP(MD) No.12829 of 2019 Date :17/09/2019 SDS/JC/SAR-3/25.09.2019/2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2