BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12237 of 2011 1 S. PAKKIARAJ 2 NALLAIYARAJ ... PETITIONERS / ACCUSED 1 and 2 Vs STATE REP BY:: THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.277/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R.ALAGUMANI 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 petitioners/Accused Nos.1 and 2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 418,419,465,468,471,420,294(B) and 506(ii) IPC, in Crime No.277 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned Counsel for the petitioners would submit that a false case has been foisted against the petitioners and they are nothing to do with the commission of offence and they never introduced A3 who is alleging that A2 as a Managing Director in Delcan Valley Plantations and Agro Products Pvt Ltd., but there is a Criminal case under Section 138 of Negotiable Instruments Act, is pending and because of enmity the false case has been foisted against the petitioners and others and the petitioners are nothing to do with the commission of offence and the alleged occurrence took place in the year 2009 but the complaint was given only on 30.08.2011 and now the petitioners apprehend for arrest and hence, they pray for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor (Crl.Side) would submit that A1 has introduced the de-facto complainant to A2, A2 is the alleged to be a Managing Director in Delcan Valley Plantations and Agro Products Pvt Ltd., A2 executed a power of attorney in favour of the de-facto complainant and now only he came to know that A2 is not a Managing Director in Delcan Valley Plantations and Agro Products Pvt Ltd. It is also further stated that these petitioners A1 and A3 are assisting for execution of power of attorney and hence the case has been registered and the investigation is going on and hence he pray for dismissal of the petition. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the rival submissions made on both sides, and perusal of case diary it is seen that admittedly, the document shows that there is a legal proceedings between the de-facto complainant and this petitioner/A1 since the first petitioner issued two cheques in favour of the de-facto complainant which was presented and dishonoured and after exchange of notice, in C.C.No.282 of 2011 pending before the learned Judicial Magistrate, Nagercoil, under Section 138 of Negotiable Instruments Act, against the first petitioner filed by the de-facto complainant namely Arumugam and the first issuance of notice on 12.05.2011 and not stated about this transaction. On perusal of F.I.R it was stated that the document has been registered in the year 2009, but the complaint herein has been given only on 30.08.2011 and there is a delay in preferring the complaint since there is a previous case pending under Section 138 of Negotiable Instruments Act, and even though the case was registered against the petitioners, they neither interfered with the investigation nor absconding from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Nanguneri, and each of them 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 petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 29/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT 1. CC to M/S. R.ALAGUMANI Advocate SR.No.34153: DM::2011:SEPTEMBER:30:: ORDER IN CRL OP(MD) No.12237 of 2011 Date :29/09/2011 2P;6C:: https://hcservices.ecourts.gov.in/hcservices/