BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9402 of 2011 1. RAMACHANDRAN 2. POONKODI ... PETITIONERS/ACCUSED Vs INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI IN CR.NO. NOT KNOWN OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.MAHESWARAN Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR, ( 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, 420 of IPC in Crime No.60 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 were charged under Sections 406, 420 of IPC and the petitioners are arrayed as A1 and A2 and they are doing jewellary business and now the defacto complainant has given complaint stating that the petitioners received Rs.2,56,000/- from the defacto complainant and refused to return the same. He further submitted that it is only a Civil dispute and they ought to have filed a suit for recovery of money. But he submitted that the defacto complainant herein has purchased the jewellary and on weighing, it came to know that there is difference in weight, Hence, he made shouting and claimed arrears and false complaint has been given against them and the case has been registered on 27.07.2011 and they apprehend for arrest and they come forward with this application and hence, they prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor submitted that the defacto complainant has received old silver articles and silver ingot and handed over new silver ornaments to the petitioners/A1 and A2. They are doing business for the past 7 years but there is due at the value of 4 kg of silver worth Rs.2,56,000/- and when he demanded money from A1 and A2, they refused to pay that amount and hence, complaint has been given and the case has been registered and investigation is in initial stage and hence, he prays for dismissal of this application. 4. The learned counsel appearing for the intervener confirmed the arguments of the learned Additional Public Prosecutor. 5. Considering the rival submission made by both sides, the petitioners are doing jewellary business and they are the husband and wife. It is also an admitted fact that the petitioner and the defacto complainant are having the business transaction for several years and the defacto complainant has received silver articles and silver ingot from A1 https://hcservices.ecourts.gov.in/hcservices/ to A2 and manufactured new silver ornaments and handed over to A1 and A2 and in that way, A1 and A2 ought to pay the value of 4 kg of silver ornament worth Rs.2,56,000/-. Considering the same, it is only a recovery of money and the dispute is in civil nature. Hence I am inclined to grant anticipatory bail to the petitioners with certain conditions. 6. 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.II, Dindigul and executing a separate 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 petitioners shall report before the court concerned daily at 10.30 am., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 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, anticipatory bail petition stands dismissed. sd/- 08/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.II DINDIGUL 2. THE CHIEF JUDICIAL MAGISTRATE DINDIGUL 3. INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. R.MAHESWARAN Advocate SR.No.30587 GH : 13.09.2011 : 2p/6c ORDER IN CRL OP(MD) No.9402 of 2011 Date :08/09/2011 https://hcservices.ecourts.gov.in/hcservices/