BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.14445 of 2011 1 K.THANGAVELU 2 MARIYAMMAL ... PETITIONERS / ACCUSED Vs THE SUB INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, SIVAKASI, VIRUDHUNAGAR DIST ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R.SUNDAR Advocate For Respondent : M/S. C.RAMESH Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 419, 420, 465 of I.P.C. They have approached this Court for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Heard Mr.R.Sundar, learned counsel appearing for the petitioners and Mr.C.Ramesh, learned Additional Public Prosecutor appearing for the State. 3. According to the learned counsel for the petitioners that the alleged crime said to have been committed by the petitioners long back viz., prior to 30 years. He would further submit that it is purely a civil transaction and there is no criminality attached in the said Act. He would also submit that the petitioners did not commit any crime as stated in the complaint and they have been falsely implicated in this case. He would further submit that they are also having permanent residence and therefore, they would request for the grant of anticipatory bail. 4. The learned Additional Public Prosecutor has referred the FIR and stated that the said act of cheating has taken place, 30 years back and if for any reason the anticipatory bail is granted to the petitioners, suitable conditions may be passed. 5. Considering the submissions made on both parties, this Court could see that the said crime alleged to have taken place 30 years back and the complaint has been now only been registered. Whether https://hcservices.ecourts.gov.in/hcservices/ there is any criminality in the case or not has to be decided only at the completion of the investigation and therefore, I could see a prima facie case for grant of anticipatory bail. 6. Accordingly, the petitioners are directed to be released on anticipatory bail, in the event of their arrest or on their appearance before the Judicial Magistrate concerned on executing 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 Judicial Magistrate, Sivakasi, and on further condition that the petitioners shall appear before the respondent police as and when required for the purpose of interrogation. 7. The petitioners shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 16/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE SIVAKASI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUB INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, SIVAKASI, VIRUDHUNAGAR DIST +1. CC to M/S. R.SUNDAR Advocate SR.No.39862 ORDER IN CRL OP(MD) No.14445 of 2011 Date :16/11/2011 SMA/21.11.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/