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Madras High CourtCRL OP(MD)/2693/2018partly allowed

M. Kannan, S/O.Muthu, v. The Inspector Of Police,

2018-06-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.2693 of 2018 1 M. KANNAN 2 MUTHU 3 JEYALAKSHMI 4 MURUGESWARI 5 KARUPPASAMY ... PETITIONERS / ACCUSED Nos.1 to 5 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT CR.NO.52 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.K.MATHAN Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) For Intervenor : Mr.S.VANCHINATHAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent Police for the offences under Sections 498(A), 406, 294(b), 506 (i) of I.P.C. and Section 4 of TNWH Act in Crime No.52 of 2017. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent.

3.The matter came up for hearing on 16.04.2018. The matter was adjourned to enable the petitioners to return the de facto complainant's jewels. Till date, there is no progress. 4.Taking note of the mala fide conduct of the petitioners 1, 2 and 3, this Court is inclined to dismiss this Criminal Original Petition as far as the petitioners 1, 2 and 3 viz., husband and parents in law.

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5.Taking note of the fact that the petitioners 4 and 5 are only brother in law and sister in law. This Court is inclined to grant anticipatory bail to the petitioners 4 and 5 alone with certain conditions. Accordingly, the petitioners 4 and 5 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court, Thirumangalam and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 4 and 5 shall appear before the respondent police as and when required for interrogation. The petitioners 4 and 5 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners 4 and 5 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 shall stand dismissed.

sd/- 25/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.R.GANESH PRABHU Advocate SR.No.11358 TSG JAM/02/07/2018/ JC/ASVM/2P-6C

ORDER

IN CRL OP(MD) No.2693 of 2018 Date :25/06/2018 https://hcservices.ecourts.gov.in/hcservices/