Madras High CourtCRL OP(MD)/5668/2017partly allowed

Chinnadurai v. The Sub Inspector Of Police,

2017-05-25Honourable Mr Justice C.V. Karthikeyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.5668 of 2017 1 CHINNADURAI 2 GOMATHI 3 MARI @ MANTHIRASOODAMANI ... PETITIONERS/ACCUSED NO.1,3 AND RANK NOT KNOWN Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE, THALAIYUTHU POLICE STATION, TIRUNELVELI, CRIME NO. 106 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.MARAN Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in Crime No.106 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 363, 294 (b), 342, 323, 506(ii) and 109 of I.P.C. and Section 4 of Charging of Exorbitant Interest Act 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.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case and they have nothing to do with the commission offence.

4.The learned Government Advocate(Crl. Side) on instructions submitted that already, A4 and A5 were arrest and were released on bail and the third petitioner herein has also been arrested and now he is in jail and if the petitioners are released on bail, they may hamper the investigation and tamper the witnesses. https://hcservices.ecourts.gov.in/hcservices/

5.The learned counsel for the petitioner seeks permission to withdraw the criminal original petition as against the third petitioner, since he is remanded to custody and is in jail. 6.Considering the facts and circumstances of the case and considering the fact that the third petitioner has already been arrested, this petition is dismissed as against the third petitioner. As far as the other petitioners viz., the petitioners 1 and 2 are, the petitioners 1 and 2 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.III, Tirunelveli and on their 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 1 and 2 shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners 1 and 2 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners 1 and 2 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/- 25/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE SUB INSPECTOR OF POLICE, THALAIYUTHU POLICE STATION,TIRUNELVELI.

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

+1cc to M/S.M.MARAN Advocate SR.NO. 57235 RM/SSS CSL/KK/SAR-I/31.05.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.5668 of 2017 Date :25/05/2017 https://hcservices.ecourts.gov.in/hcservices/