Madras High CourtCRL OP(MD)/536/2024granted

Sundaralingam v. The Sub Inspector Of Police

2024-01-11Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 SUNDARALINGAM 2 A.KARTHIK 3 CHELLADURAI ... PETITIONERS/ACCUSED NO.3,4&5 Vs THE SUB INSPECTOR OF POLICE PERUMALPURAM POLICE STATION, TIRUNELVELI, CRIME NO.727/2023 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.VIJAYENDIRAN.V Advocate For Respondent : MR.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER: FOR ANTICIPATORY BAIL IN CRIME NO.727/2023 ON THE FILE OF THE RESPONDENT POLICE.

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ORDER : The Court Made the following order :- The petitioners/A3 to A5, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 417, 418, 420 and 506(2) IPC and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, in Crime No.727 of 2023, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant, claimed to the owner of the property. His son along with the first petitioner herein obtained the original document and the same was pledged with the accused persons for a sum of Rs.2,00,000/-. It is alleged that since the said amount was not paid by the son of the defacto complainant, the accused persons threatened the defacto complainant to alienate the said property and hence, the complaint. 3.

The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution. He would further submit that a bare perusal of FIR makes it clear that it is purely civil dispute and instead of filing suit before the civil Court, a false complaint has been given.

hence, he prayed to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that investigation is not yet completed. 5.Considering the facts and circumstances of the case and also considering the fact that this Court granted anticipatory bail to the co-accused, this court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Tirunelveli, on condition that the petitioners shall execute a bond for a sum of Rs.

stand automatically cancelled;

(b)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c)the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial; (f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 4/5

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 11/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S- I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1.THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVEI. 3.THE SUB INSPECTOR OF POLICE PERUMALPURAM POLICE STATION, TIRUNELVELI, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :11/01/2024 RK /VR(24/01/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5