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Madras High CourtCRL OP(MD)/16964/2016ordered

Selvam @ M.Selvakumar v.

2016-09-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16964 of 2016 1 SELVAM @ M.SELVAKUMAR 2 P.SUBRAMANIAN ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE SUB INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION MADURAI DISTRICT (Crime.No.1735 of 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.KANNAN Advocate For Respondent : MR.A.P.Balasubramani, 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.2 and 4, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 323, 342, 352, 365, 448 and 506(i) IPC, in Crime No.

1735 of 2016, on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant had borrowed Rs.22,30,000/- from the first accused in the year 2013 and repaid Rs.15,00,000/- and for non-payment of the balance amount, he was kidnapped by the accused on 29.08.2016. 3.The learned counsel for the petitioner would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) would submit that prime accused A.1 was already arrested and released on bail and the petitioners have no bad antecedents.

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 https://hcservices.ecourts.gov.in/hcservices/

before the learned Judicial Magistrate No.VI, Madurai District, 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 likesum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily twice at 10.00 a.m., and 05.00 p.m., until further orders. The petitioners shall comply with the conditions 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/- 09/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI DISTRICT 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTIRCT 3 THE SUB INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.KANNAN Advocate SR.No.51344 sm:SS2:SAR III:14/09/2016:2P/6C

ORDER

IN CRL OP(MD) No.16964 of 2016 Date :09/09/2016 https://hcservices.ecourts.gov.in/hcservices/