Makudeeswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16832 of 2015 1 MAKUDEESWARAN 2 K. CHINNARAJ ..PETITIONER/ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE AYAKUDI POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO.2262/2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.B.SENTHIL NATHAN Advocate For Respondent : 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 accused Nos.2 and 4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 174 Cr.P.C., subsequently altered into 306 I.P.C., in Crime No.262 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the de-facto complainant, that his father committed suicide by hanging on 16.08.2015 and when enquiry was made, he was informed that the accused has suspected that he has committed theft and enquired him.

3. The learned counsel for the petitioners submitted that the deceased was running a mutton stall and he purchased goats from the first accused and for non-payment of the sale price, A1 lodged a complaint to the respondent police, for which the deceased had appeared and agreed to settle the entire amount within a period of one week. However due to nonfulfilment of his commitment, he committed suicide.

4. It is further submitted that the petitioners are innocent and even the allegations in the complaint would not satisfy the ingredients of 306 I.P.C.

5. Heard the learned Government Advocate (Crl.side).

6. Considering the facts and circumstances of the case, 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 their arrest or on their appearance before the learned Judicial Magistrate, Palani and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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.

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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/- 01/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PALANI, DINDIGUL DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, AYAKUDI POLICE STATION, DINDIGUL DISTRICT. +1. CC to M/S.B.SENTHIL NATHAN Advocate SR.No.50441 ORDER IN CRL OP(MD) No.16832 of 2015 Date :01/09/2015 PBK/GSV-PM/SAR-I 03/09/2015 ::2P-6C::

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