Ramar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21747 of 2015 1 RAMAR 2 VIJAYARAJ ... PETITIONERS/ ACCUSED (RANK NOT KNOWN) Vs 1 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THENI DISTRICT,THENI.

(CRIME NO NOT KNOWN OF 2015) ... RESPONDENT/COMPLAINANT 2 SENTHIL KUMAR ... RESPONDENT/DEFACTO COMPLAINANT For Petitioner : MS.LAKSHMI GOPINATHAN for M/S POLAX LEGAL SOLUTIONS Advocate For Respondent 1 : Mrs.S.PRABHA, Govt. Advocate ( Crl. Side) For Respondent 2 : Mr.SUKUMAR, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 468, 471 and 420 I.P.C. in Unknown Crime Number of 2015 on the file of the respondent police, seeks anticipatory bail.

2. The learned Government Advocate (Crl.Side) would submit that petition enquiry is going on.

3. Heard the learned counsel appearing for the petitioners and the second respondent. The learned counsel appearing for the second respondent has stoutly opposed for grant of anticipatory bail by stating that the property is a Jameen property and the petitioner is trying to usurp the same and the matter is pending enquiry.

4. Considering the above submissions, this Court expects that the parties shall maintain status-quo as on date till the enquiry is over. https://hcservices.ecourts.gov.in/hcservices/ 5.Accordingly, Anticipatory Bail is granted to the petitioners till the petition enquiry is over and in the event of arrest, the petitioners

are directed to be released on bail on their executing a bond for Rs.10,000/- (Rupees Ten Thousand only) without sureties to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioners shall report before the respondent Police as and when required on receipt of summons and co-operate with the enquiry. [b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[e] The Inspector of Police concerned is directed to conclude the petition enquiry within a period of two months from the date of receipt of a copy of this order. Till such time, there shall not be any harassment by the police.

sd/- 18/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THENI DISTRICT,THENI.

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

+1. CC to M/S POLAX LEGAL SOLUTIONS Advocate SR.No.66088

ORDER

IN CRL OP(MD) No.21747 of 2015 Date :18/11/2015 NS/NGM-SS/AR I/20.11.2015 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/