BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.13184 of 2011 S.RAGUNATHAN ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY ITS THE INSPECTOR OF POLICE KARUPPAYURANI POLICE STATION, MADURAI DISTRICT. CR.NO.NOT KNOWN OF 2011. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. P.SANTHANAKRISHNAN Advocate For Respondent :MR.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 petitioner/sole accused apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 420 and 506(i) IPC, in Crime No.410 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner is a Clearing and Forwarding Agent of the Company. The case of the prosecution is that the petitioner failed to pay the security deposit and a complaint was made. But the case of the petitioner is that the de- facto complainant alone has paid the amount for clearing and forwarding agent of the goods and it is a dispute of civil in nature and hence he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that the petitioner agreed to repay the security deposit along with interest at the rate of 12% per annum, but he had not repaid the same. Furthermore, he ought to have paid administrative commission of Rs.10,000/- per month, but he had not paid the same. Hence, the case has been registered against the petitioner and the investigation is going on and hence he prays for dismissal of the petition. 4. Considering the rival submissions made on both sides, it is seen that admittedly, the petitioner is the Proprietor of M/s.Cinthya Pharma, but the de-facto complainant is appointed as Clearing and Forwarding Agent of the petitioner's company and at that time, the security deposit has been given but it was failed to refund the same, and it is only a contractual obligation and if there is any violation of contract, civil suit has to be filed, since it is a civil in nature. He ought to have filed a suit for recovery of amount, but he gave a complaint which was registered under Sections 406, 420 and 506(i) IPC in Crime No.410 of 2011 https://hcservices.ecourts.gov.in/hcservices/ and hence, I am of the view that no prima facie material is available to attract the ingredients of Sections 406, 420 and 506(i) IPC and even though the petitioner is not arrested he neither interfered with the investigation not absconded from the jurisdiction. Therefore, 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 his arrest or on his appearance before the learned Judicial Magistrate II, Madurai and on his 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 Judicial 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/- 30/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.II, MADURAI. 2. THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3. THE INSPECTOR OF POLICE KARUPPAYURANI POLICE STATION, MADURAI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. P.SANTHANAKRISHNAN Advocate SR.No.34530 ORDER IN CRL OP(MD) No.13184 of 2011 Date :30/09/2011 RJ/11.10.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/