C.Viswanathan, v. The State Rep. By The

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15980 of 2015 1 C.VISWANATHAN, 2 S.JEYAKUMAR ... PETITIONER(S) / ACCUSED 1 & 2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, TALUK POLICE STATION, DEVAKOTTAI TALUK, SIVAGANGAI DIST.

IN CR. NO. 328 OF2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.PADMANABHAN Advocate For Respondent : M/S.S.Prabha Government 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 accused Nos.1 & 2, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 506(ii) and 379 of IPC, in Crime No.328 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The prosecution case is that the accused have committed theft of wooden logs and thereafter threatened the defacto complainant with dire consequences.

3.The learned counsel for the petitioners submitted that the defacto complainant is none other than the elder brother of the first petitioner and so far no partition in their family. He further submitted that the petitioners are innocent persons and they have been falsely implicated in this case, due to false complaint given by the defacto complainant. 4.The learned Government Advocate (Crl.side) submitted that there is no bad antecedents against the petitioners.

5.Considering the overt act attributed against the petitioners, 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, Devakottai and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties https://hcservices.ecourts.gov.in/hcservices/

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., for a period of one week and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. 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/- 18/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, THE INSPECTOR OF POLICE, TALUK POLICE STATION, DEVAKOTTAI TALUK, SIVAGANGAI DISTRICT.

+1. CC to M/S.T.PADMANABHAN Advocate SR.No. 47358. TS/22.08.2015/2P - 6C KBM/LIB

ORDER

IN CRL OP(MD) No.15980 of 2015 Date :18/08/2015 https://hcservices.ecourts.gov.in/hcservices/