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Madras High CourtCRL OP(MD)/6591/2017disposed of

Amalraj @ Shanmugavel, v. The Inspector Of Police,

2017-06-06Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6591 of 2017 1 AMALRAJ @ SHANMUGAVEL, 2 RAHURAM, ... PETITIONERS / ACCUSED 1 & 2 Vs The State rep.by THE INSPECTOR OF POLICE, AMBASAMUDRAM POLICE STATION, TIRUNELVELI DISTRICT. IN CR.NO.155/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.T.SASIDHARAN TAMILKANI 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 A1 & A2, in Crime No.

155 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406 and 381 IPC and hence, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The learned counsel for the petitioners submitted that while working in the furniture shop of the defacto complainant, the petitioners are alleged to have illegally taken articles worth about Rs.2,92,000/- and thereby committed criminal breach of trust. He would further submit that the petitioners relieved from the defacto complainant's shop 11 months back. Due to previous motive, the present false complaint has been lodged by the defacto complainant. The petitioners are innocent.

They have not committed any offence as alleged in the complaint. They have been falsely implicated in this case. Without prejudice their contentions, they are ready to deposit some amount in the said crime number. 4.The learned Additional Public Prosecutor appearing for the respondent / State submitted that the investigation is pending. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be https://hcservices.ecourts.gov.

released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Ambasamudram, Tirunelveli District and on each 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 conditions that the petitioners altogether shall deposit a sum of Rs.1,00,000/- (Rupees one lakh only) to the credit of Crime No.155 of 2017 on the file of the learned Judicial Magistrate, Ambasamudram, Tirunelveli District and shall appear before the respondent police once in a week i.e, on every Monday, at 10.30 a.m., until further orders. The petitioners shall comply with the condition 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 automatically dismissed.

sd/- 06/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE AMBASAMUDRAM, TIRUNELVELI DISTRICT 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE INSPECTOR OF POLICE, AMBASAMUDRAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.T.SASIDHARAN TAMILKANI Advocate SR.No.23275 SM:BS:SAR 4:9.6.2017:2P/6C

ORDER

IN CRL OP(MD) No.6591 of 2017 Date :06/06/2017 https://hcservices.ecourts.gov.in/hcservices/