BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of December Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S. RAJESWARAN CRL OP(MD) No.17265 of 2011 M.SEVUGA PERUMAL ... PETITIONER / ACCUSED NO.1 Vs STATE REP. THROUGH THE INSPECTOR OF POLICE SINGAMPUNARI POLICE STATION, SIVAGANGAI DISTRICT CR.NO. 308 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R.SANKARASUBBU Advocate For Respondent : MR.C.RAMESH, Additional Public Prosecutor (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.1 and he prayed for the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure for an alleged offence punishable under Section 420 of the Indian Penal Code in Crime No.308 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3. The case of the petitioner is that he anticipates arrest at the hands of the respondent police for the alleged offence under Section 420 of the Indian Penal Code. It is stated by the learned counsel for the petitioner that a complaint has been given by the de facto complainant stating that the petitioner and two other co-accused have cheated him to the tune of Rs.13,00,000/- from the year 2009-2011 by conducting a forgery finance company. It is further stated by the learned counsel for the petitioner that Accused No.2, who is also similarly placed like that of the petitioner/Accused No.1, has been granted anticipatory bail by this Court on 23.12.2011 in Crl.O.P.(MD)No.17048 of 2011. 4. It is further stated by the learned counsel for the petitioner that there is a separate Act, viz., Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, under which, the proceedings have to be taken. 5. However, be that as it may, in view of the fact that there is one complaint against the petitioner and others stating that they have cheated to the tune of Rs.13,00,000/- and Accused No.2, who is also a similarly placed person, has been granted anticipatory bail by this Court, I am inclined to grant anticipatory bail to the petitioner with https://hcservices.ecourts.gov.in/hcservices/ stringent conditions. 6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thiruppathur, subject to the following conditions: (i) The petitioner shall furnish an immovable security to the value of Rs.10,00,000/- (Rupees ten lakhs only) to the satisfaction of the learned Judicial Magistrate, Thiruppathur, within a period of fifteen days from the date of receipt of a copy of this order; (ii) On furnishing security, the petitioner shall 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 Judicial Magistrate, Thiruppathur; (iii) The petitioner shall appear before the concerned Magistrate daily at 10.30 a.m., until further orders; and (iv) The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7. The petitioner shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 28/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, THIRUPPATHUR. 2. THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI. 3. INSPECTOR OF POLICE SINGAMPUNARI POLICE STATION, SIVAGANGAI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R.SANKARASUBBU Advocate SR.No.46155 ORDER IN CRL OP(MD) No.17265 of 2011 Date :28/12/2011 RJ/29.12.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/