B.K.Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of October Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.20595 of 2015 1 B.K.MANIKANDAN 2 RATHINAKUMAR ... PETITIONERS/ACCUSED NO.3& 4 Vs STATE BY THE INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, THENI DISTRICT. (CRIME NO. 485 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S N.SHANKAR GANESH Advocate For Respondent : M/S.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 A3 and A4 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 501, 507 and 506(i) IPC in crime No.485 of 2015 and hence, seek anticipatory bail.

2.According to the defacto complainant that one Ravi @ Karthikeyan used to approach the defacto complainant, who is a document writer with regard to his properties. Aggrieved over the same, his brother A3Manikandan and his son A4 pasted Wall-posts defaming his wife's name and thereafter they were sending postal cards to his relatives and also to the school where his daughter is studying.

3.The learned counsel for the Petitioners submitted that at the instigation of brother of the first accused, a false complaint was given against the Petitioners. It is further submitted that they are respectable persons and they have not committed any offence as alleged by the respondent.

4.The learned Government Advocate(Crl.Side) vehemently opposed the grant of anticipatory bail stating that the accused have pasted posters making adverse comments against the wife of the defacto complainant and also threatened him to send obscene photographs to the defacto complainant and to his relatives. It is further submitted that the Petitioners are not having bad antecedent.

5. Considering the facts and circumstances of the case as stated above, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Uthamapalayam, Theni District and 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 to the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 6.00 p.m. Until further order. 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/- 29/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE UTHAMAPALAYAM , THENI DISTRICT

2. THE CHIEF JUDICIAL MAGISTRATE,THENI DISTRICT 3 THE INSPECTOR OF POLICE, UTHAMAPALAYAM POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.20595 of 2015 Date :29/10/2015 GJM/SK/SARII-3.11.2015-2P-5C https://hcservices.ecourts.gov.in/hcservices/