Madras High CourtCRL OP(MD)/3671/2020granted

S.Kamalavalli v. The Inspector Of Police

2020-02-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3671 of 2020

1. S.Kamalavalli

2. M.Thiruppathi ... Petitioners/Accused 1 & 2 Vs State represented through The Inspector of Police, Theppakulam Police Station, Madurai City (Crime No.770 of 2019).

... Respondent/Complainant For Petitioner : M/s.M.Kannan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.770 of 2019 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences under sections 406 and 420 of I.P.C., in Crime No.770 of 2019 on the file of the respondent police, seek anticipatory bail.

3. The case of the defacto complainant is that the items belonging to him have been removed by the petitioners herein dishonestly. It is seen that the petitioners are the landlords while the defacto complainant was their tenant. The petitioners have obtained eviction order against the defacto complainant. Six months after the eviction was enforced, the case on hand came to be registered.

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4.Prima facie, the case appears to be an off-shoot of a civil transaction. Hence, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Madurai, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two common sureties each 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 conditions stipulated under Section 438 Cr.P.C scrupulously.

5. 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 shall stand dismissed.

sd/- 27.02.2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

IAS TO

1. The Judicial Magistrate No.I, Madurai.

2. Do-Through The Chief Judicial Magistrate, Madurai District.

3. The Inspector of Police, Theppakulam Police Station, Madurai City.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.3671 of 2020 Date : 27/02/2020 VB(05.03.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/