The Court granted anticipatory bail to the petitioner apprehending arrest under Section 420 IPC. Release is conditioned upon depositing Rs.1,00,000 within three weeks and appearing in police custody daily thereafter for three weeks.
Petitioner awarded anticipatory bail, ordered to deposit Rs. 1,000/-, execute bonds, report daily for three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Thursday, the Sixth day of April Two Thousand Seventeen
PRESENT
The Hon`ble Mr Justice S.BASKARAN CRIMINAL ORIGINAL PETITION No.4854 of 2017
P.SURESH KUMAR, [ PETITIONER / ACCUSED ]
Vs
STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, CITY CRIME BRANCH, COIMBATORE, COIMBATORE DISTRICT CR.NO.18 OF 2017.
For Petitioner : M/S.S.JOEL Advocate
For Respondent : MR.R.SEKAR, Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner apprehends arrest at the hands of the respondent police for the alleged offence under Sections 420 of IPC in Crime No.18 of 2017 on the file of the respondent police, seeks anticipatory bail.
4.Learned Government Advocate (Crl.Side) submits that only 130 grms of gold had been recovered from the petitioner.
5.Considering the facts and circumstances of the case, since huge amount is involved, this Court is inclined to grant the relief of anticipatory bail to the petitioner on condition that the petitioner deposits a sum of Rs.1,00,000/- (Rupees One lakh Only) to the credit of Crime No.18 of 2017 within a period of three weeks.
6.Accordingly, the petitioner is ordered to be released on bail
in the event of arrest or on his appearance before the learned Judicial Magistrate-V, Coimbatore, within a period of 10 days from the date of receipt of a copy of this order, on the petitioner 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, or to the satisfaction of the respondent police or the police officer who intends to arrest and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.
-sd/-
06/04/2017
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE-V, COIMBATORE
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 STATE REP.BY
INSPECTOR OF POLICE, CITY CRIME BRANCH, COIMBATORE, COIMBATORE DISTRICT
+1 CC to M/S.S.JOEL Advocate on payment of necessary charges SR.NO. 6394
CRL OP.4854/2017
Date :06/04/2017 RD 07/04/2017
2 issues framed by the court
Whether anticipatory bail should be granted in anticipation of arrest for alleged cheating under Section 420 IPC given the amount involved.
What conditions are necessary to grant anticipatory bail in cases involving a large monetary amount.
1 provisions across 1 enactments
P. SURESH KUMAR
STATE
S. BASUKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
