Madras High CourtCRL OP(MD)/6864/2016allowed

Thiru Dr. K.V. Kuppusamy v. Additional Director General

2020-02-12Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.6864 of 2016 and Crl.M.P.(MD)Nos.3459 and 3460 of 2016 K.V.Kuppusamy ... Petitioner Vs.

1. The Additional Director General of Police, Law and Order, Chennai.

2. The Inspector of Police, District Crime Police Station, Tiruchirapalli, Tiruchirapalli District.

3.M.Rajasekaran 4.M.Rajaramanathan ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to quash the FIR in Crime No.4 of 2016, dated 16.04.2016 insofar as it is filed against the petitioner herein as accused under Sections 406, 417, 420 of IPC on the file of the second respondent Inspector of Police, District Crime Branch Police Station, Tiruchirappalli District.

For Petitioner : Mr.Isaac Mohanlal Senior Counsel for Mr.T.Cibi Chakraborthy For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side) For R3 & R4 : Mr.A.Ragunathan Senior Counsel for Mr.T.Senthil Kumar

ORDER

Heard the learned Senior Counsel on either side. 2.This Court adjourned the matter on quite a few occasions to enable the parties to sit across the table and resolve their differences. It appears that the differences could not be resolved for the present.

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3.The learned Senior Counsel states that he would await the results of the investigation. He, however, submitted that since this Court is also exercising jurisdiction under Section 438 of Cr.P.C., this Court could grant anticipatory bail to the petitioner herein. The case is of the year 2016. The transactions date back to the year 2010. The petitioner enjoyed interim order during pendency of this petition. The case against the petitioner substantially rests on documentary evidence. Therefore, his arrest or custodial interrogation is not warranted. I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.5, Trichy, and on their 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. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

4. 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.

5. This criminal original petition is ordered on these terms. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To

1. The Additional Director General of Police, Law and Order, Chennai.

2. The Inspector of Police, District Crime Police Station, Tiruchirapalli,Tiruchirapalli District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.T.SENTHIL KUMAR, Advocate (SR-5945[F] dated 12/02/2020) +1 CC to Mr.T.CIBI CHAKRABURTHY, Advocate (SR-6201[F] dated 13/02/2020 ) Crl.O.P(MD)No.6864 of 2016 and Crl.M.P.(MD)Nos.3459 and 3460 of 2016 rmi 12.02.2020 AE (17.03.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/