Ramarajan v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of March Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.4322 of 2015 1 RAMARAJAN 2 SELVARAJ ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE AAVUDAYAR POLICE STATION, PUDUKOTTAI DISTRICT.

(CRIME NO. 33 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.L.MADHUSUDHANAN Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, 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 427, 447, 379 and 354 of Indian Penal Code, in Crime No.33 of 2015, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that these petitioners are working as Manager in Shriram City Union Finance Limited, from where, the husband of the defacto complainant had taken a vehicle loan for the purchase of a two wheeler. It is alleged by the defacto complainant that these petitioners had taken away four bags of paddy from her house along with the two wheeler.

3. According to the petitioners, the husband of the defacto complainant had failed to pay the monthly EMI and, therefore, they have gone to his house to seize the motorcycle, which they have recovered and they had nothing to do with the other allegation made by the defacto complainant.

4. Taking into consideration the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. 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, Aranthanki, 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: https://hcservices.ecourts.gov.in/hcservices/

[a] the petitioners shall report 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 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/- 10/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ARANTHANGI.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI.

3.

THE INSPECTOR OF POLICE AAVUDAYAR POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1. CC to M/S.L.MADHUSUDHANAN Advocate SR.No. 11494 SR : 12.03.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.4322 of 2015 Date :10/03/2015 https://hcservices.ecourts.gov.in/hcservices/