BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9964 of 2011 R.BALAKRISHNAN : PETITIONER/ACCUSED NO.2 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE CITY CRIME BRANCH TRICHY CITY. CRIME NO.18 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. T.A.PUNITHAN 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.2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 294(b), 506(i) of IPC in Crime No.18 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 arrayed as A2 and the wife is arrayed as A1 and she is the subscriber of chit run by the defacto complainant and she has withdrawn the chit amount of Rs.5 lakhs and since she has not repaid that amount, complaint has been given against the petitioner/husband and his wife under Sections 420, 294(b), 506(i) of IPC and a case has been registered on 24.6.2011 and investigation is considerably over and the petitioner is the husband of A1 and he is nothing to do with the commission of offence. He further submitted that the petitioner is working in BHEL and he apprehend for arrest and he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that the petitioner and his wife has borrowed Rs.6 lakhs from the defacto complainant on deposit of title deeds and when the defacto complainant demanded for repayment, they threatened the defacto complainant. He further submitted that the wife/A1 is the subscriber of the chit and he has taken the chit to the value of 5 lakhs but she has not repaid the monthly subscription and therefore, the amount due is 11 lakhs and investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides, the case has been registered on 24.6.02011 and the wife of the petitioner was already arrested and remanded to judicial custody and the wife is the subscriber of the chit and she has not repaid the monthly subscription and the petitioner is the husband who is working in BHEL and as per the version of the learned Additional Public Prosecutor, both the petitioner and his wife borrowed Rs.6 lakhs as loan from the defacto complainant on deposit of title deed and when the amount has been demanded, they threatened the defacto complainant and the petitioner is working in BHEL and even though the petitioner is 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.1, Trichy, on 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/- 08/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.1, TRICHY. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE CITY CRIME BRANCH, TRICHY CITY. +1 CC to M/S. T.A.PUNITHAN Advocate SR.No.26604 ORDER IN CRL OP(MD) No.9964 of 2011 Date :08/08/2011 NSV/12.8.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/