Karuppiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.13667 & 13488 of 2015 1 KARUPPIAH 2 VINOBA ... PETITIONERS / ACCUSED 3 & 4 IN CRL OP(MD)NO.13667/2015 KANNAN ...PETITIONER/1ST ACCUSED IN CRL OP(MD)NO.13488/2015 Vs THE STATE REP.BYS THE INSPECTOR OF POLICE KALLAL POLICE STATION, SIVAGANGAI DIST.

CRIME NO. 174 OF 2015. ... RESPONDENT/ COMPLAINANT IN BOTH CASES.

For Petitioner : M/S.D.VENKATESH Advocate, in both the cases. For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(crl.side) in both the cases.

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1, A3 and A4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 363 and 387 of IPC, in Crime No.174 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.According to the de-facto complainant, his son was kidnapped by the accused to grab his property.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The learned counsel further submitted that the son of the de-facto complainant is aged about 32 years and therefore, the offence of 363 IPC has not attracted in this case. It is further submitted that the alleged victim has given a further statement to the respondent stating that he gone out for car washing and the accused have not kidnapped him. 4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the victim has been secured and the petitioner has no bad antecedent.

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5.Considering the above facts and circumstances of the case, 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 before the learned Judicial Magistrate, Karaikudi and on 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 appear before the respondent police daily at 10.00 a.m. Until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.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/- 23/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,KARAIKUDI.

2.THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI.

3.THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE KALLAL POLICE STATION, SIVAGANGAI DIST.

+2. CC to M/S.D.VENKATESH Advocate SR.Nos.41514 & 41515

ORDER

IN CRL OP(MD) Nos.13667 & 13488 of 2015 Date :23/07/2015 rg.27.07.2015 2p.7c.

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