A.Karunakaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4756 of 2017 A.KARUNAKARAN ... PETITIONER / SOLE ACCUSED Vs THE INSPECTOR OF POLICE DEVAKOTTAI TOWN POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT CRIME NO. NOT KNOWN OF 2017 ... RESPONDENT / COMPLAINANT V.MUTHUKUMAR ... PETITIONER / INTERVENOR For Petitioner : M/S.K.RAJESHWARAN Advocate For Respondent : M/S.S.PRABHA, Government Advocate(Criminal Side), For Intervenor : M/S.J.SENTHIL KUMARAIAH FOR DHANA LAW ASSOCIATES PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, in Crime No.221 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 506(i) and 420 IPC and hence, seeks anticipatory bail. After filing of this petitioner, FIR has been registered by the respondent police.

2.Heard the learned counsel for the petitioner, the learned Government Advocate(Crl. Side) for the respondent/State and Mr.J.Senthil Kumaraiah for M/s Dhana Law Associates learned counsel appearing for the intervenor.

3. The learned counsel for the petitioner submits that the earlier the petitioner has filed Crl.O.P.(MD) No.2667 of 2017 and on the submission of the learned Government Advocate that no FIR has been registered against the petitioner, the said petition was closed. He would further submit that the petitioner is innocent and he has been falsely implicated in this case.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate(Crl.Side) appearing for the respondent on instructions submitted that after conducting enquiry the earlier complaint was closed and now case has been registered with the regard to money dispute.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Devakottai, Sivagangai District and on his 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioner 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/- 28/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE DEVAKOTTAI SIVAGANGAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE DEVAKOTTAI TOWN POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.RAJESHWARAN Advocate SR.No.21775

ORDER

IN CRL OP(MD) No.4756 of 2017 Date :28/04/2017 SVA/KKR/03.05.2017/SAR4/2P/6C https://hcservices.ecourts.gov.in/hcservices/