Madras High CourtCRL OP(MD)/7524/2018ordered

Kumareshan v. The Inspector Of Police

2018-05-03Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7524 of 2018 1 KUMARESHAN 2 MANGALA NATHA SETHUPATHY 3 MUTHURAMALINGAM 4 GOVINDARAJ 5 AZHAGARSAMY ... PETITIONERS/ ACCUSED A1 TO A5 Vs THE STATE OF TAMIL NADU, THE INSPECTOR OF POLICE KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT.

IN CR NO. 94 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.R.BABU JAGANATH Advocate For Respondent : MR.M.ASOKAN Government 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.1 to 5, in Crime No.94 of 2018 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 355 and 506(i) of I.P.C and hence, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent/State. 3.On the side of the petitioners, it is stated that the complainant was not successful in the earlier auction conducted by the petitioners and since he indulged in some illegal activities, a case was already registered against the complainant and as a counter-blast, the complainant has come forward with this false complaint.

4.The learned Government Advocate(Crl. Side) submitted that the petitioners being Government servants must know how to behave with the public. The complainant only enquired with them a doubt regarding the house tax receipt. Hence, he objected for releasing the petitioners on anticipatory bail.

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5.It is seen that there is a counter case against the complainant and the petitioners have to conduct another auction on tomorrow i.e on 04.05.2018, in these circumstances, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Kamuthi, Ramanathapuram 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 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 10.30 a.m., until further orders. The petitioners shall comply with the condition 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/- 03/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE KAMUTHI, RAMANATHAPURAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.BABU JAGANATH Advocate SR.No.8138 VS GJM/RR/VK/4.5.18-2P-6C

ORDER

IN CRL OP(MD) No.7524 of 2018 Date :03/05/2018 https://hcservices.ecourts.gov.in/hcservices/