P. Ramesh v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) Nos.2636 & 2637 of 2015 1 P. RAMESH 2 R. ARUNKUMAR 3 S. GOVINDARAJ 4 R. BHARATHIRAJA ..PETITIONERS1 to 4/ACCUSED 1 to 3 & 5 in Crl.OP(MD)No.2636/2015 M.PONRAJ ..PETITIONER/ACCUSED (RANK NOT KNOWN) in Crl.OP(MD)No.2637/2015 Vs.
STATE REP.BY THE SUB INSPECTOR OF POLICE, EAST POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.
CRIME NO.57/2015 RESPECTIVELY.
..RESPONDENT/COMPLAINANT in Both the Petitions For Petitioner : M/S.L.MADHUSUDHANAN Advocate in Both the Petitions For Respondent : Mr.P.KANNIDEVAN, Government Advocate (Crl.Side) in Both the Petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.57 of 2015, on the file of the respondent police for offences under Sections 147, 441, 341, 323, 427, 506(ii) of the Indian Penal Code, the petitioners are now before this Court seeking Anticipatory Bail.
2. Heard the learned counsel for the petitioners in both the petitions and the learned Government Advocate for the respondent State.
3. It is the case of the de-facto complainant that these petitioners are officials of Sriram City Union Finance Limited and that they are threatening the de-facto complainant not returning the loan. On a reading of the complaint, it appears that the de-facto complainant has borrowed money from the said finance Company and when the officials are asking him to return the money, the de-facto complainant has made allegations against the officials.
4. Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners, but with conditions.
5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen
(15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sivakasi, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety 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, https://hcservices.ecourts.gov.in/hcservices/
(a) the petitioners shall report before the respondent police as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
[e] 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].
sd/- 17/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SIVAKASI, VIRUDHUNAGAR DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.
3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE SUB INSPECTOR OF POLICE, EAST POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.
+2. CC to M/S.L.MADHUSUDHANAN Advocate SR.No.7443 & 7444 ORDER IN CRL OP(MD)Nos.2636 & 2637 of 2015 Date :17/02/2015 PBK 19/02/2015 ::2P-7C:
https://hcservices.ecourts.gov.in/hcservices/