Madras High CourtCRL OP(MD)/10912/2017disposed of

Raja Mani v. The Inspector Of Police

2017-09-04Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of September Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.10912 of 2017 1 RAJA MANI 2 SRINIVASAN ... PETITIONERS/ACCUSED No.2 & 3 Vs 1 THE STATE REP BY THE INSPECTOR OF POLICE SOUTH POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT 2 THE INSPECTOR OF POLICE RAICHUR RURAL POLICE STATION, RAICHUR DISTRICT, KARNATAKA, CRIME NO.222/16. ... RESPONDENTS/COMPLAINANTS For Petitioner : M/S.J.ANANDKUMAR Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor, PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-2 to A-3, in Crime No.222 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 420 and 34 of I.P.C and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State.

3. The case of the prosecution is that the defacto complainant supplied rice bags to the petitioner's company namely Vyyavanath Amman Traders at Karaikudi through accused No.4 who is a commission agent and the petitioner failed to pay the amount of Rs.6,33,250/- (Rupees six lakhs Thirty Three Thousand and two hundred and fifty only/-) to the defacto complainant.

4.The learned Additional Public Prosecutor, affirms the above said fact.

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5. The learned counsel appearing for the petitioners submitted

that they purchased rice from the defacto complainant through the 4th accused namely Ramachandran proprietor of Subramanya Canvassing agents, APMC Yaswanthpur, Bengaluru city, Karnataka. The petitioners submit that they had paid the amount to the 4th respondent on 07.01.2016, 27.01.2016 and 09.05.2016 dates through bank transactions. The 4th accused failed to pay the said amount to the defacto complainant.

6. Post the matter after three weeks. Till then, interim anticipatory bail is granted 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, Karaikudi and on each of them 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 petitioners shall appear before the respondent police as and when required for interrogation.

sd/- 04/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE SOUTH POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT 4 THE INSPECTOR OF POLICE RAICHUR RURAL POLICE STATION, RAICHUR DISTRICT, KARNATAKA, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.J.ANANDKUMAR Advocate SR.No.29969

ORDER

IN CRL OP(MD) No.10912 of 2017 Date :04/09/2017 SMA/RR-BS/SAR-2/08.09.2017:2P/7C https://hcservices.ecourts.gov.in/hcservices/