Sreeram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22892 of 2018 1 SREERAM 2 MEHA@MEHETHAPARVEEN ... PETITIONERS / ACCUSED NO.1 & 2 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, WORAIYUR POLICE STATION, TRICHY.

(CRIME NO.884/2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.C.VAKEESWARAN Advocate For Respondent : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 420 IPC in Crime No.884 of 2018 on the file of the respondent police, seek anticipatory bail.

2.These petitioners are arrayed as accused Nos.1 and 2 in Crime No.884 of 2018 and one Rajesh is arrayed as third accused in the same crime number.

3.The learned counsel appearing for the petitioners has drawn attention of this Court to the earlier complaint lodged by the very same defacto complainant before the Commissioner of Police, Trichy on 05.06.2018, wherein, he made an averment as if the defacto complainant had parted with a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the third accused, namely, Rajesh and his wife on 22.05.2009 for doing business and thereafter, a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) was given to the third accused and his wife on 18.11.2011. However, the present complaint was preferred on 22.12.2018. These petitioners have been roped in as if the money was parted to the petitioners.

https://hcservices.ecourts.gov.in/hcservices/ 4.Heard the learned counsel appearing for the petitioners and

the learned Government Advocate [Criminal Side] for the respondent State.

5.The learned Government Advocate [Criminal Side] opposes the grant of Anticipatory Bail to the petitioners. 6.Considering the nature of two different version of the defacto complainant and considering the fact that money has been parted with during the business transaction, I am inclined to grant Anticipatory Bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.IV, Trichy, and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate concerned. 7.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 dismissed.

sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO-IV, TRICHY.

2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE, WORAIYUR POLICE STATION, TRICHY.

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

+1. CC to Mr.C.VAKEESWARAN Advocate SR.No.24136 PS/VR/SAR-1/28.12.2018/2P/6C

ORDER

IN CRL OP(MD) No.22892 of 2018 Date :27/12/2018 https://hcservices.ecourts.gov.in/hcservices/