S. Karthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20203 of 2015 1 S. KARTHICK 2 K. THANGAVEL 3 A. SHANKAR ..PETITIONERS/ACCUSED 4 to 6 Vs.

STATE REP.BY THE INSPECTOR OF POLICE VENGAMEDU POLICE STATION, KARUR DISTRICT.

(CRIME NO. 239 / 2015) ... RESPONDENT/COMPLAINANT For Petitioners : M/S R.ARAVIND RAJ Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.4 to 6 in Crime No.239 of 2015 for the offences punishable under Sections 147, 448, 294(b), 342, 363 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, on the file of the respondent Police, were arrested and remanded to judicial custody on 03.10.2015. They seek bail.

2.According to the de facto complainant that her husband viz., Malleswaran is running a Bakery shop at Vengamedu and he borrowed loan for his business purpose from the 1st accused. Whileso, on 30.09.2015 at 12.00 noon the de facto complainant was informed that her husband was kidnapped by the accused at 11.00 am. 3.The learned counsel for the petitioners submitted that as per the statement of the de facto complainant, she knew that the accused had kidnapped her husband on 30.09.2015. But, she gave a complaint only on 03.10.2015 without any explanation for the inordinate delay. It is further submitted that the complaint was given only to escape from the liability of repaying the loan amount to the accused. 5.The learned Government Advocate (Crl.side) appearing for the respondent submitted that the petitioners have no bad antecedents and the victim was secured on 03.10.2015.

https://hcservices.ecourts.gov.in/hcservices/ 6.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released

on bail on 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 Judicial Magistrate No.I, Karur, and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders. sd/- 16/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.I KARUR.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE KARUR.

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

4 THE OFFICER-IN-CHARGE SUB-JAIL, KARUR.

5 THE INSPECTOR OF POLICE VENGAMEDU POLICE STATION, KARUR DISTRICT.

+1. CC to M/S R.ARAVIND RAJ Advocate SR.No.61808 akm/16.10.2015 /2p-7c/

ORDER

IN CRL OP(MD) No.20203 of 2015 Date :16/10/2015 https://hcservices.ecourts.gov.in/hcservices/