BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10700 of 2011 J.SUTHAKAR : PETITIONER/ACCUSED-5 Vs. THE STATE REP.BY THE SUB INSEPCTOR OF POLICE DISTRICT CRIME BRANCH, KARUR. CR.NO.21 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. C.ASAITHAMBI 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 petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 120(b), 406 and 380 of I.P.C. in Crime No.21 of 2011 on the file of the respondent police and hence seeks, anticipatory bail. 2. The learned counsel for the petitioner would submit that the defacto complainant has approached the petitioner on 08.09.2010 and obtained a loan for a sum of Rs.15,00,000/- for his business, for which, the defacto complainant has issued a cheque and the same was dishonoured and hence, the petitioner has issued a legal notice under Sections 138 of Negotiable Instrument Act and the defacto complainant also gave a reply. He further submits that the defacto complainant fraudulently, filed a complainant against the petitioners and others stating that A1 to A3 and the defacto complainant are close relatives and the defacto complainant has filed a suit in O.S.No.9 of 2009 and the same has been ended in favour of the defacto complainant and hence, A1 to A3 have taken away five cheques from the defacto complainant's company viz., Anand Tex and handed over the same to the petitioner and other accused and hence, a case has been registered against the petitioner and others. He further submits that the petitioner is an innocent person and he has nothing to do with the alleged commission of offence and the co-accused have already been granted anticipatory bail and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that A1 to A3 and the defacto complainant are close relatives and since the defacto complainant obtained decree in his https://hcservices.ecourts.gov.in/hcservices/ favour, they have stolen five cheques from the defacto complainant's company, viz., Anand Tex and distributed the the same to the petitioner and other accused and hence, a case has been registered against the petitioner. He further submits that the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that A1 to A3 and the defacto complainant are close relatives and A1 to A3 alleged to have stolen five cheques from the defacto complainant's company and distributed the same to the other accused and subsequently, notice has been issued against the defacto complainant under Section 138 of Negotiable Instruments Act and the co-accused have already been granted anticipatory bail even though, the petitioner was not arrested neither he interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.I, Karur and on execute 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 petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6. The petitioner 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 stands dismissed. Sd/- 14/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.1, KARUR. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE SUB INSEPCTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR. +1 CC to M/S. C.ASAITHAMBI Advocate SR.No.31282 ORDER IN CRL OP(MD) No.10700 of 2011 NSV/16.9.11/2P/6C Date :14/09/2011 https://hcservices.ecourts.gov.in/hcservices/