1 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.11572 of 2011 YESUDHAS :PETITIONER / ACCUSED NO.3 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KANYAKUMARI DISTRICT. ( CR.NO.67 OF 2011 ) :RESPONDENT / COMPLAINANT For Petitioner : M/S. C.MAYIL VAHANA RAJENDRAN, 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/accused No.3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 120(b), 420, 465 and 471 of IPC in Crime No.67 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner was charged under sections 120(b), 420, 465 and 471 of IPC and A1 and A2 are introduced by the A3 who is the broker for obtaining vehicle loan from the defacto complainant. He is not aware that A1 and A2 have already hypothecated the vehicle in favour of Sri Ram Funds and the alleged occurrence has been taken place on August 2010 and the complaint has been given only on 18.8.2011 and the petitioner is nothing to with the commission of offence and he is only the broker and now he apprehend for arrest and he come forward with this applicationfor anticipatory bail. 3.The learned Additional Public Prosecutor submitted that A1 and A2 are the husband and wife and the vehicle belonging to A1 and A2 and they borrowed Rs.5,50,000/- from the defacto complaint without disclosing the fact that the vehicle has already been hypothecated to Sri Ram Funds and the document has been sent for Regional Transport Officer for making endorsement, then only they came to know the vehicle has been already hypothecated to one Sri Ram Funds and hence, the case has been registered on 18.8.2011 and investigation is initial stage and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the rival submissions made by both sides, A1 and A2 are the husband and wife and they are the owner of the vehicle and A3 is only the broker. Admittedly, the vehicle of A1 and A2 has been hypothecated to one Sri Ram Funds and without disclosing this fact, A1 and A2 availed the loan for Rs.5,50,000/- from the defacto complainant, after hypothicating the vehicle and the petitioner is the broker who has introduced A1 and A2 to the defacto complaint and even though the case has been registered on 18.8.2011 and he was not arrested, he neither 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 arrest or on his appearance before the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District and 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 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, anticipatory bail petition stands dismissed. sd/- 08/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Judicial Magistrate No:I, Nagercoil, Kanyakumari District. 2.-Do- Thro' The Chief Judicial Magistrate, Kanyakumari District @ Nagercoil. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, District Crime Branch, Kanyakumari District. RP/14.09.2011/2P/5C. ORDER IN CRL OP(MD) No.11572/11 Date :08/09/2011. https://hcservices.ecourts.gov.in/hcservices/