P.P.Subramaniyan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6867 of 2015 1 P.P.SUBRAMANIYAN 2 T.RENGANATHAN ... PETITIONERS / ACCUSED NOS.5 & 6 Vs THE STATE REP.BY THE-SUB INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, (IN CR.NO.320 OF 2015), MADURAI DISTRICT.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.PRASANNA RAJA DURAI, Advocate For Respondent : M/S.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 Nos.5 and 6 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 364(A) and 379(NP) of I.P.C. in Crime No.320 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant was running a finance company in the name and style of VKL Dire and the accused were agents of the de-facto complainant. On 27.02.2015, the accused have kidnapped the son of the de-facto complainant demanding Rs.33 lakhs.

3. The learned counsel for the petitioners submitted that the accused were acting as an agent of the de-facto complainant and collected money from the public for the company run by the de-facto complainant. After maturity, the de-facto complainant has failed to return the amount and therefore, the accused were pressurising the de-facto complainant to return the amount. Instead of returning the amount, the de-facto complainant has falsely implicated the https://hcservices.ecourts.gov.in/hcservices/ petitioners in this case.

4. The learned Government Advocate (Crl.side) submitted that the victim has been secured and the petitioners were agents of the de-facto complainant. It is further submitted that the accused 1 to 4 were already arrested and released on bail.

5. Considering the facts and circumstances of the case, this Court is 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 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. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 15/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I,MADURAI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3 THE SUB-INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.A.PRASANNA RAJA DURAI, Advocate SR.No.18854. ORDER IN CRL OP(MD) No.6867 of 2015 Date :15/04/2015 msm 20.04.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/