CRL OP(MD)/23542/2013 of RAVI Vs THE INSPECTOR OF POLICE on 30 December 2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Monday, the Thirtieth day of December Two Thousand ThirteenPRESENT

The Hon`ble Mr Justice P.N.PRAKASH

CRL OP(MD) No.23542 of 2013

RAVI

... PETITIONER / ACCUSED

Vs

STATE REP BY ITSTHE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT, CRIME NO.58/2012 ... RESPONDENT/ COMPLAINANT

For Petitioner : M/S.B.N.RAJAMOHAMED AdvocateFor Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A4 apprehending arrest at the hands of therespondent police, for the alleged commission of offences punishableunder Sections 409, 420 and 506(ii) IPC, in Crime No. 58 of 2012 onthe file of the respondent police, seeks bail.

2. It is the case of the petitioner that the defactocomplainant had lent money to the family of A1 to A3 forparticipating in a fishing auction. It is stated that the defactocomplainant had given around sum of Rs.33,00,000/- to A1 to A3 onvarious dates and thereafter, they have refused to return the dues.It is further alleged that when the defacto complainant approachedA4, he did not properly respond and threatened him.

3. The learned Government Advocate (Criminal Side) would submitthat the overt act as against the petitioner/A4 is that he hadassisted A1 to A3, in refusing to pay the amount, when the defactocomplainant approached them.

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4. This Court, taking into consideration of the above facts andcircumstances of the case and it appears to be purely a civiltransaction, enlarges the petitioner/A4 on anticipatory bailwithcertain conditions. Accordingly, the petitioner is ordered to bereleased on bail in the event of arrest or on his appearance beforethe learned Judicial Magistrate No.1, Nagercoil, and on executing abond for a sum of Rs.10,000/- (Rupees ten thousand only) with twosureties each for a like sum to the satisfaction of the learnedMagistrate concerned and on further condition that the petitionershall report before the respondent police daily at 11.00 a.m. for aperiod of one week and thereafter, as and when required by therespondent police. The petitioner shall comply with the conditionsstipulated under Section 438 Cr.P.C. scrupulously.

5. The petitioner shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copymade ready, failing which the petition for anticipatory bail standsdismissed.

sd/-

30/12/2013

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Madurai Bench of Madras High Court,

TO

1.THE JUDICIAL MAGISTRATE NO.I

NAGERCOIL

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL

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

4.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT+1. CC to M/S.B.N.RAJAMOHAMED Advocate SR.No.64471RL/6C – 2/1/2014