S.Munishwaran v. The Sub Inspector Of Police

CRL OP(MD). No.7180 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.7180 of 2022

1. S.Munishwaran ... First Petitioner/Accused No.1

2. Jeevanantham

3. S.Manikandan ... Petitioners 2 & 3/Unnamed Accused Vs The State rep.by The Sub Inspector of Police, S.S.Colony Police Station, Madurai City.

(Crime No.692/2022).

... Respondent/Complainant For Petitioner : M/s.J.BARATHAN, Advocate.

For Respondent : Mr.B.THANGA ARAVINDH Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.692/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 341, 294(b), 323, 506(i) and 379 IPC, in Crime No.692 of 2022 on the file of the respondent police, seek anticipatory bail.

2. On perusal of the records it is seen that this Court by order, dated 01.07.2022 referred the matter to Mediation Centre attached to this Court.

3. The learned counsel for the petitioners submitted that the defacto complainant has offered payment of Rs.2,00,000/- as total consideration to settle the loan amount. On the other hand, the counsel for the defacto complainant would submit that he is ready to pay the instalment as agreed by him at the time of purchase of car.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that due to non payment of instalments only there was a trouble arose between the parties.

5. The petitioner has produced the photographs, which was taken at the time of occurrence. It is seen that there was no force extorted at the hands of the petitioners.

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CRL OP(MD). No.7180 of 2022

6. Since it is the dispute between the customer and the service provided, it might have been settled before the Mediation. But, however, they have not utilised the opportunity. Hence, this Court is inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.V, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and 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.

8. 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/- 03/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, S.S.COLONY POLICE STATION, MADURAI CITY.

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

+1. CC to M/S.JEYAPALAM.T.R., Advocate SR.No.8193

ORDER

IN CRL OP(MD) No.7180 of 2022 Date :03/08/2022 TRP SA/JM/SAR.4/11.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2