BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12961 of 2011 1 RAJ RADHAKRISHNAN 2 R. SARASWATHI ... PETITIONERS / ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE TALUK POLICE STATION, DINDIGUL, CR NO. 166/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R.MANOHARAN Advocate For Respondent : M/S.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406,417,420,506(i) and 120B I.P.C. in Crime No.166 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned Counsel for the petitioners would submit that the petitioners are the President and the Secretary of Herbal and Rural Development Society which was registered under Registration No.44 of 2004. He further submits that the case of the prosecution is that the petitioners are Agent who has canvassed and admitted the membership for New India Insurance Company, Dindigul for personal accident policy. Even though the de-facto complainant admitted nearly 300 members but he received a commission only for 36 members since A1 and A2 are not paid the commission amount to the de-facto complainant and hence the case has been registered against the petitioners. He further submits that the petitioners are nothing to do with the commission of offence and the case has been registered on 22.02.2011 in Crime No.166 of 2011 under Sections 406,417,420,506(i) and 120B I.P.C. and hence, they prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that the petitioners/Accused 1 and 2 are the husband and wife and they are the President and Secretary of Herbal and Rural Development Society, which was registered one. He further submit that the petitioners are conducted the chit fund, whereas, the petitioners are acted as an Agent and they have inducted so many members but they have not received the commission amount from the petitioners and hence the de-facto complainant demanded the commission from the petitioners and in turn the petitioners are made a criminal intimidation and the investigation is going on and hence https://hcservices.ecourts.gov.in/hcservices/ he prays for dismissal of this petition. 4.Considering the rival submissions made on both sides, it is seen that admittedly, that Herbal and Rural Development Society is a registered one under Registration No.44 of 2004 and the case of the de-facto complainant itself she is canvassing for including the membership in the Insurance policy. The crux of the case is that A1 and A2 are the President and Secretary of the said Society but they have not paid the commission amount for 300 members but they paid only 36 members' commission and the present case is in respect of non-payment of commission amount and the transaction period for the year 2006 but a complaint was given on 22.02.2011 even though the case has been registered in the month of February 2011 the petitioners were not arrested they neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.1, Dindigul, and 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 Judicial Magistrate No.1, Dindigul, and on further condition that the petitioners shall report before the Court concerned daily 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, anticipatory bail petition stands dismissed. sd/- 29/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.1, DINDIGUL 2 -DO-THRO' THE CHIEF JUDICAL MAGISTRATE DINDIGUL 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE TALUK POLICE STATION, DINDIGUL +1. CC to M/S. I.MOHAMED SIRAJ, Advocate SR.No.34391 ORDER IN CRL OP(MD) No.12961 of 2011 Date :29/09/2011 SMA/3.10.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/