1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11623 of 2011 1.THANGA PUSHPAM 2.MUTHU KUMAR ... PETITIONERS/ACCUSED 2 & 4 Vs STATE BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH MADURAI DISTRICT CRIME NO.21 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. C.MUTHU SARAVANAN 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. 2 and 4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 409, 420 and 34 IPC, in Crime No.21 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that the petitioners are arrayed as A2 and A4 and they are the mother and son. The husband of the first petitioner is arrayed as A1 and a false case has been registered against them under Sections 406, 409, 420 and 34 IPC. He further submitted that the case of the prosecution is that the petitioners herein had purchased rice from the de-facto complainant to a tune of Rs.4,99,000/-, but the amount was not paid. He further submits that the petitioners' family only send those rice to the sixth accused namely one Balasubramanian and they have not committed any offence. A1 was arrested and enlarged on bail. He further submits that A1 has filed Insolvency Petition before the III Additional Sub Court, Madurai and it is pending and now the petitioners are apprehending arrest and hence, he prays for anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.side) submit that the case has been registered against six persons and the petitioners are doing rice business and they purchased rice from 13 mills to the tune of https://hcservices.ecourts.gov.in/hcservices/ 2 Rs.39,85,000/- but they neither pay the amount nor return the rice and the case has been registered only on 10.06.2011. A1 and A3 were arrested and others are absconding and the amount was shared by all the accused and the investigation is at the initial stage and hence he prays for dismissal of the petition. 4.Considering the rival submissions and considering the fact that the petitioner A1 was working as Agent and by purchasing of rice and he handed over the rice to A6; A1 was already arrested and even though the petitioners were not arrested they neither interfered with the investigation nor absconded 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 No.I, Madurai 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, anticipatory bail Petition stands dismissed. sd/- 05/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI DISTRICT 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. C.MUTHU SARAVANAN Advocate SR.No.29871 ORDER IN CRL OP(MD) No.11623 of 2011 Date :05/09/2011 TR : 06.09.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/