A. Rangasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.5814 of 2015 1 A.RANGASAMY 2 BALU 3 MUTHIAH ... PETITIONERS/ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DT, CRIME NO.169 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.RAMAMOORTHY Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 420,406,468,471,323 and 506(i) of IPC., in Crime No.169 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the petitioners informed the de-facto complainant that the land in dispute belongs to the first accused and on assurance to sell the property, the first accused received Rs.15,000/- and the second and third accused had received each Rs.5,000/- towards commission. Further case is that when the de-facto complainant enquired about the land with the Municipality, he found out that the land belongs to the Government. When the de-facto complainant asked the accused to return the advance amount and commission, he was assaulted and threatened by the accused.

3.The learned counsel appearing for the petitioners submitted that the first petitioner is the owner of the property and he wanted to sell the property to the de-facto complainant and the petitioners No.2 and 3 assisted the first accused for selling the property and received Rs.10,000/- as commission. He further submitted that the petitioners are innocent persons and they have not committed any offence and to show the bonafide, the petitioners are ready to deposit Rs.25,000/- to the credit of Crime No.169 of 2015 on the file of the Judicial Magistrate Court, Rajapalayam.

4.The learned Government Advocate (crl.side) would submit that the injured has already been discharged from the hospital. 5.Considering the facts and circumstances of the case, I am inclined to grant interim anticipatory bail to the petitioners, with certain conditions.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the Judicial Magistrate Court, Rajapalayam and on each of them executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m until further orders and on further condition that the petitioners shall deposit a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the credit of Crime No.169 of 2015 on the file of the Judicial Magistrate Court, Rajapalayam on the date of furnishing the surety. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

7. 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 stands dismissed.

sd/- 07/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,RAJAPALAYAM.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.K.RAMAMOORTHY Advocate SR.No.17282

ORDER

IN CRL OP(MD) No.5814 of 2015 Date :07/04/2015 PA/09.04.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/