Varadharajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.23894 of 2014 1 VARADHARAJAN 2 KEZHALAKSHMI 3 DHARMARAJAN 4 REVATHY ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE.REP.BY THE INSPECTOR OF POLICE THILAGARTHIDAL POLICE STATION, MADURAI CITY.

CR. NO. NOT KNOWN OF 2014. ... RESPONDENT(S) / COMPLAINANT (S) For Petitioner : M/S.R.MANOHARAN Advocate For Respondent : MR.A.P.BALASUBRAMNI, Govt. Advocate ( Crl. Side) 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 448, 379, 341, 323 and 506(i) IPC on the file of the respondent police, seek anticipatory bail.

2. No regular case has been registered by the respondent police and only petition enquiry is pending.

3. On a reading of the complaint/petition, it is seen that the complainant is one Nagarajan, who is the brother of Varadharajan, the first petitioner.

4. It is alleged by Nagarajan that his brother and sister-in-law and others entered into his house and had taken out some things.

5. The complaint has been given to the Chief Minister's Cell and the same has been forwarded to the local police station. It is seen that the dispute is between brothers. Under such circumstances, this Court is inclined to grant Anticipatory Bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Madurai, on condition that the petitioners shall execute a separate 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 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 first and third petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation and the second and fourth petitioners shall appear before the respondent police as and when required for interrogation.

[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 Judicial 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 Judicial 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]. sd/- 06/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II,MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI.

3 THE INSPECTOR OF POLICE THILAGARTHIDAL POLICE STATION, MADURAI CITY.

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

ORDER IN CRL OP(MD) No.23894 of 2014 Date :06/01/2015 PA/09.01.15/2P/5C https://hcservices.ecourts.gov.in/hcservices/