S. Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.4604 of 2015 1 S. MANIKANDAN 2 A. CHARLUS ... PETITIONERS/ACCUSED NO.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE WEST POLICE STATION, THANJAVUR, THANJAVUR DT CRIME NO.125/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.THIRUVARUTSELVAN 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 offence punishable under Sections 147 and 506(ii) IPC, in Crime No.125 of 2015 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de facto complainant had borrowed money from Indusland Bank Limited, Thanjavur and had defaulted in making re-payment. It is represented by the de facto complainant that these petitioners are recovery agents and had threatened him.

3. Taking into consideration of the above, 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, No.I, Thanjavur, on condition that the petitioners 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned https://hcservices.ecourts.gov.in/hcservices/ Magistrate concerned and on further condition that: [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/- 12/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, THANJAVUR.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE WEST POLICE STATION, THANJAVUR, THANJAVUR DT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.THIRUVARUTSELVAN Advocate SR.No.11977

ORDER

IN CRL OP(MD) No.4604 of 2015 Date :12/03/2015 PA/13.03.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/