Rani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of March Two Thousand Sixteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.24975 of 2015 1 RANI 2 MUNEESHWARAN ... PETITIONERS/ ACCUSED NO.1 AND 2 SAHEENA ... PETITIONER/INTERVENER Vs THE INSPECTOR OF POLICE THIRU NAGAR POLICE STATION, THIRUNAGAR, MADURAI MADURAI DISTRICT CRIME NO.543 /2015 ... RESPONDENT / COMPLAINANT For Petitioner : MR.DHANA ARAVINDHA BALAJI ADVOCATE FOR M/S DHANA LAW ASSOCIATES For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) For Intervener : MR.J.SULTHAN BASHA ADVOCATE FOR M/S/AJMAL ASSOCIATES PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 406, 420 and 506(ii) I.P.C, in Crime No.543 of 2015, on the file of the respondent Police, seek anticipatory bail.
2. Heard Mr.V.A.Dhana Aravindha Balaji, learned counsel appearing for the petitioners / accused 1 and 2, Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State and Mr.J.Sulthan Basha, learned counsel appearing for the intervenor, who strongly objected to grant anticipatory bail to the petitioners.
3. On reading of the F.I.R., it is seen that the dispute between the petitioners / accused 1 and 2 and the de facto complainant is only a money dispute.
4. Taking into consideration the nature of allegations made against the petitioners / accused 1 and 2, this Court is of the view that this is a fit case to grant anticipatory bail to them. Accordingly, they 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.VI, Madurai, on condition that each of the petitioners / accused 1 and 2 shall execute 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 https://hcservices.ecourts.gov.in/hcservices/
respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the second petitioner / second accused shall report before the respondent Police daily at 06.30 p.m., until further orders and the first petitioner / first accused shall report before the respondent Police as and when required for interrogation.
(ii)the petitioners / accused 1 and 2 shall not tamper with evidence or witness either during investigation or trial.
(iii)the petitioners / accused 1 and 2 shall not abscond either during investigation or trial.
(iv)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners / accused 1 and 2 in accordance with law as if the conditions have been imposed and the petitioners / accused 1 and 2 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].
5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not. sd/- 29/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, THIRU NAGAR POLICE STATION, THIRUNAGAR, MADURAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S DHANA LAW ASSOCIATES Advocate SR.No.17337 +1CC TO M/S.AJMAL ASSOCIATES Advocate SR.No.17753
ORDER
IN CRL OP(MD) No.24975 of 2015 Date :29/03/2016 GJM/AAL/MPA/SAR-I-4.4.16-2P-7C https://hcservices.ecourts.gov.in/hcservices/