Madras High CourtCRL OP(MD)/15895/2018disposed of

Kannan v. The Inspector Of Police

2018-09-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15895 of 2018 KANNAN ... PETITIONER / ACCUSED No.1 Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THOOTHUKUDI DISTRICT.

Crime No.11 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.BALAJI Advocate For Respondent : Mr.V.NEELAKANDAN Additional Publilc Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 10.08.2018 for the offences punishable under Sections 406, 420, 294(b) and 506(ii) I.P.C. in Crime No.11 of 2018 on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that the petitioner has received a sum of Rs.4,70,000/- from the defacto complainant after giving false promise that he will arrange job to the defacto complainant in abroad and subsequently failed to fulfill his promise. When the same was questioned by the defacto complainant, the petitioner abused the defacto complainant with filthy language and also threatened his life. Hence, the case has been registered. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent. He did not commit any offence as alleged by the prosecution. He further submitted that the petitioner is in incarceration from 10.08.2018 onwards. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the above facts and circumstances and also considering the period of incarceration of the petitioner, this

Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:

(i) the petitioner shall deposit a sum of Rs.4,70,000/- (Rupees four lakh and seventy thousand only) to the credit of Crime No.11 of 2018 before the learned Judicial Magistrate No.III, Thoothukudi, Thoothukudi District.

(ii) on such deposit, the petitioner shall execute 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 Judicial Magistrate No.III, Thoothukudi, Thoothukudi District. (iii)the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation. sd/- 07/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO III, THOOTHUKUDI. 2.THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THOOTHUKUDI DISTRICT.

4.THE SUPEINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

+1. CC to Mr.S.SENTHIL SANKARA NATHA KUMAR Advocate SR.No.17119

ORDER

IN CRL OP(MD) No.15895 of 2018 Date :07/09/2018 TK/MMS/SAR.2/07.09.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/