R. Kaliyappan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23375 of 2015 1 R. KALIYAPPAN 2 K. PALANICHAMY 3 K. VEERAMANI 4 A. MAYILSAMY ... PETITIONERS/ACCUSED NOS.1 TO 4 Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE ODDANCHATHIRAM POLICE STATION, ODDANCHATHIRAM, DINDIGUL DISTRICT, (IN CRIME NO.89 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.R.SURESHKUMAR Advocate For Respondent : M/S.K.ANBARASAN, 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 A1 to A4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 447, 294(b), 427 and 506(ii) IPC in Crime No.89 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the petitioners have damaged the electrical motor and its starter parts attached in the well of the defacto complainant.

3. The case of the petitioners is that there is civil dispute between the petitioners and the defacto complainant and a suit in O.S.No.151 of 2013 is pending on the file of the District Munsif Court, Oddanchathiram.

3.The learned counsel for the petitioners submitted that the petitioners are innocents and they have been falsely implicated in this case.

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4. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Oddanchathiram, and on each of them executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 as and when required for interrogation. 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/- 10/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ODDANCHATHIRAM 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUB INSPECTOR OF POLICE ODDANCHATHIRAM POLICE STATION, ODDANCHATHIRAM, DINDIGUL DISTRICT, +1. CC to M/S S.R.SURESHKUMAR Advocate SR.No.70868 RL/6C/SKS/RR/SARI/11/12/2015

ORDER

IN CRL OP(MD) No.23375 of 2015 Date :10/12/2015 https://hcservices.ecourts.gov.in/hcservices/