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Madras High CourtCRL OP(MD)/14787/2015ordered

Rajaguru v. The Inspector Of Police

2015-08-03Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14787 of 2015 1 RAJAGURU 2 SANKAR 3 SRINIVASAN ... PETITIONERS/ACCUSED No.1 to 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.222 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.ROBINSON Advocate For Respondent : S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 to A3, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 506(ii), 379(NH) of IPC, in Crime No.

222 of 2015, on the file of the respondent police and hence, seek anticipatory bail. 2.According to the defacto complainant, on 22.06.2015 the accused have stolen the Yarn worth about Rs.42,00,000/-. 3.The learned counsel appearing for the petitioners submitted that the defacto complainant is a lessee and as per the agreement, dated 18.07.2014, the Mill was leased out to the defacto complainant and agreed to pay a sum of Rs.80,000/- per month. It is further submitted that the lease period expires on 02.08.2015 and the defacto complainant has not paid the arrears of rent Rs.3,50,000/- and also did not pay the electricity charges of Rs.3,50,000/- and made a false complaint. 4.The learned counsel for the petitioners further submitted that the occurrence said to have taken place on 22.06.2015 and the complaint was prepared only on 26.07.

2015 without any explanation for the delay. 5.Heard the learned Government Advocate (Crl.side) appearing for the respondents.

6.Considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sivagiri 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 https://hcservices.ecourts.gov.in/hcservices/

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/- 03/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUNELVELI 3 THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT, 4 THE ADDL PUBLIC PROSECUTOR MADURAI +1. CC to M/S.A.ROBINSON Advocate SR.No.43515 ORDER IN CRL OP(MD) No.14787 of 2015 Date :03/08/2015 JAM/IV/SARI/6.8/2015/2P-6C https://hcservices.ecourts.gov.in/hcservices/