1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Thursday, the Fifth day of January Two Thousand Twelve PRESENT The Hon`ble Mr.Justice T.SUDANTHIRAM CRL OP(MD)Nos.643 & 984 of 2011 PRABHA :PETITIONER/ACCUSED NO.4 IN CRL OP(MD)NO.643 OF 2011 S.SENGUTTUVAN:PETITIONER/ACCUSED NO.7 IN CRL OP(MD)NO.984 OF 2011 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, MADURAI. CR NO.98/2010:RESPONDENT / COMPLAINANT IN BOTH CRL OP'S For Petitioner in both cases : M/S. S.M.A.JINNAH Advocate For Respondent in both cases : Government Advocate. PETITIONS 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 offences punishable under sections 409, 420, 471, 477(A), 468 r/w 120(b) & 109 r/w 34 IPC, in Crime No.98 of 2010, on the file of the respondent police and hence seek anticipatory bail. 2.Heard Mr.S.M.A.Jinnah, learned counsel appearing for the petitioners and Mr.C.Ramesh, learned Additional Public Prosecutor appearing for the State. 3.Learned Additional Public Prosecutor submits that the petitioners in Crl.OP(MD)Nos.984 of 2011 and 643 of 2011 are husband and wife and they availed loan from the Axis Bank for a sum of Rs.8 Lakhs by producing false and bogus documents. 4.Learned counsel appearing for the petitioners submits that on 02.02.2011, the petitioners were granted interim anticipatory bail by this court for a period of three weeks on condition that each petitioner should deposit a sum of Rs.2 lakhs before the Judicial Magistrate No.I, Madurai, but the petitioners have not deposited the said amount. On the other hand, the petitioners approached the bank and entered into oral agreement and the defacto compalinant agreed to close both the loan accounts by receiving the total sum of Rs.5,55,000/-. Learned counsel appearing for the petitioners further submits that the petitioners have already paid a sum of Rs.1,99,000/- and they agreed to repay the remaining sum of Rs.3,56,000/- within a period of six months. Learned counsel appearing for the petitioners submits that the petitioner in Crl.OP(MD)No.984 of 2011 also filed an affidavit dated 05.01.2012, before this court, stating all the facts. https://hcservices.ecourts.gov.in/hcservices/ 2 5.This court considered the submissions made on either side and perused the affidavit filed by the petitioner in Crl.OP(MD) No.984 of 2011. 6.According to the petitioner in Crl.OP(MD)No.984 of 2011, a sum of Rs.1,99,000/- have been repaid and he is ready to repay the remaining amount of Rs.3,56,000/- within a period of six months. This court is of the view that the petitioners can be granted interim anticipatory bail for a period of six months. 7.Accordingly, the petitioners shall be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of this order copy, before the learned Judicial Magistrate No.I, Madurai, on each 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 arrsting officer or to the learned Judicial Magistrate No.I, Madurai and on further condition that the petitioner in Crl.OP (MD)No.984 of 2011 shall appear before the respondent/police on every alternative Sunday at 10.00 a.m. and the petitioner in Crl.OP(MD)No.643 of 2011 shall appear before the respondent police as and when required for interrogation. 8.Post the matter after six months. sd/- 05/01/2012 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.THE JUDICIAL MAGISTRATE NO:I, MADURAI. 2.-DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3.THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4.THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, MADURAI. +1. CC to M/S. S.M.A.JINNAH Advocate SR.No.469. RP/10.01.2012/2p/6c. ORDER IN CRL OP(MD)Nos.643 & 984 of 2011 Date :05/01/2012. https://hcservices.ecourts.gov.in/hcservices/