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Madras High CourtCRL OP(MD)/19791/2016ordered

Kalimuthammal v. The Inspector Of Police

2016-10-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19791 of 2016 1 KALIMUTHAMMAL 2 AMUTHAVALLI 3 NAGALAKSHMI 4 KAVITHA ... PETITIONERS/ACCUSED (RANKS NOT KNOWN) Vs THE STATE, REP.BY INSPECTOR OF POLICE PARAMAKKUDI TALUK POLICE STATION, PARAMAKKUDI, RAMANATHAPURAM DISTRICT, CRIME NO.222/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.R.THAMOTHAR RAJ 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 apprehend arrest at the hands of the respondent Police for the alleged offence punishable under Sections 427 and 506 (ii) I.P.C. in Crime No.222 of 2016, on the file of the respondent Police and seek anticipatory bail.

2. The case of the prosecution is that the petitioners damaged the fencing of the property belonging to the de facto complainants and also made threaten to them.

3. The learned counsel for the petitioners submitted that the petitioners are innocents, they have no connection with this case and they have been falsely implicated in this case.

4. It is submitted by the learned Government Advocate (Crl.Side) that the case, in Crime No.222 of 2016, has been registered pursuant to the directions issued by the learned Judicial Magistrate, Paramakudi, under Section 156 (3) Cr.P.C., vide order in Crl.M.P.4321 of 2016 and with regard to the dispute between the petitioners and the de facto complainants, a suit in O.S.No.47 of 2016, is pending before the learned District Munsif, Paramakudi. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the submissions made by the learned Government Advocate (Crl.Side) and also considering the facts and 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, Paramakudi, 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 as and when required for interrogation. The petitioners shall comply with the conditions 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 would stand dismissed.

sd/- 14/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

KRK/VS TO 1 THE JUDICIAL MAGISTRATE,PARAMAKUDI 2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE PARAMAKKUDI TALUK POLICE STATION, PARAMAKKUDI, RAMANATHAPURAM DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.R.THAMOTHAR RAJ Advocate SR.No.60718 GJM/DB/SAR-III-19.10.16-2P-6C

ORDER

IN CRL OP(MD) No.19791 of 2016 Date :14/10/2016 https://hcservices.ecourts.gov.in/hcservices/