1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr. Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15991 of 2011 EZHILAN ... PETITIONER / SOLE ACCUSED Vs STATE : REP. BY SUB INSPECTOR OF POLICE CENTRAL POLICE STATION, THOOTHUKUDI, CR. NO. 506/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.RAMESHKUMAR Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused and he was remanded to judicial custody on 11.11.2011 for the alleged commission of offences under Sections 420, 294(b) and 506(ii) I.P.C in Crime No.506 of 2011 on the file of the respondent police and hence, seeks bail. 2.Heard Mr.S.Rameshkumar, learned counsel appearing for the petitioner and Mr.K.S.Durai Pandian, learned Additional Public Prosecutor appearing for the State. 3.The learned counsel appearing for the petitioner would submit in his argument that a case was filed against the petitioner for the offences under Sections 420, 294(b) and 506(ii) I.P.C., on the complaint given by the de-facto complainant that the petitioner has borrowed a sum of Rs.10 lakhs and issued the cheque for a sum of Rs.7 lakhs and he had assured to pay the balance amount of 3 lakhs and the cheque has been bounced when it was presented and there is the petitioner has cheated the de-facto complainant. He would further submit in his argument that the petitioner has given a complaint against the de-facto complainant for collecting exorbitant interest as a counter blast, even though, he is entitled to proceed against 138 of Negotiable Instrument Act. He would further submit that the petitioner is in judicial custody from 11.11.2011 and he has got permanent residence in the town and root in the society and hence, he prays for bail. 4.The learned Additional Public Prosecutor would submit in his argument that the complaint has been lodged by the de-facto complainant for bouncing of the cheque and the investigation is offing and if for any reason, this Court is inclined to grant bail to the petitioner, stringent condition may be imposed. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Considering the submission made on both sides, I could see that bouncing of cheque could be proceeded by the de-facto complainant through 138 of Negotiable Instrument Act and if there is any criminality of cheating then only it can be decided as to whether any offence is made out under Section 420 I.P.C in respect of other offences also to be carried on and a prima facie case is made against the petitioner, this Court is inclined to enlarge the petitioner on bail on the following conditions. Accordingly, the petitioner is directed to be released on bail on 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 Judicial Magistrate No.II, Thoothukudi and on further condition that the petitioner should appear before the respondent police daily at 10.30 a.m for a period of three weeks. 6.At this juncture, the learned counsel for the petitioner submitted that he has mentioned the place of lodging at jail as Central Prison, Palayamkottai instead of Sub-Jail, Thoothukudi and the order copy may be issued to the Sub-Jail, Thoothukudi instead of Central Jail, Palayamkottai. Therefore, the Registry is directed to issue a copy of the order to the Sub-Jail, Thoothukudi. sd/- 13/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.II, THOOTHUKUDI. 2. THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI. 3. THE SUB INSPECTOR OF POLICE CENTRAL POLICE STATION, THOOTHUKUDI. 4. THE OFFICER IN-CHARGE, SUB-JAIL, THOOTHUKUDI. 5. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.RAMESHKUMAR Advocate SR.No.43489 ORDER IN CRL OP(MD) No.15991 of 2011 Date :13/12/2011 RJ/13.12.11 (IT) 2p/7c https://hcservices.ecourts.gov.in/hcservices/