Kandasamy, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7654 of 2017 1 KANDASAMY 2 SELVAM 3 JEGADEESH ... PETITIONERS / ACCUSED NO.1 to 3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, KURUVIKULAM POLICE STATION, TIRUNELVELI DISTRICT.
(CRIME NO.50 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.PALANI VELAYUTHAM Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 to A3 in Crime No.50 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 294(b), 506(ii) & 420 IPC and hence, seek anticipatory bail.
2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The learned counsel for the petitioners submitted that the petitioners are alleged to have cheated the defacto complainant by giving a forged document and when it was questioned, they abused the defacto complainant in filthy language and also threatened him. He would further submit that the occurrence is said to have been taken place in the year 1999 and at that time, the second and third petitioners herein, who are the sons of the first petitioner, were aged 7 years and 5 years respectively. The first petitioner did not forge any documents and he has sold only valid property. The petitioners are innocent. They have not committed any offence as alleged in the complaint. They have been falsely implicated in this case.
https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that the investigation is pending.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sankarankovil, Tirunelveli District and on each 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 first petitioner shall appear before the respondent police, along with the documents available with him, once in a week ie. on every Monday at 10.30 a.m. until further orders and the petitioners 2 and 3 shall appear before the respondent Police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
6.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 shall stand automatically dismissed.
sd/- 21/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TIRUNELVELI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, KURUVIKULAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.PALANI VELAYUTHAM Advocate SR.No.24824
ORDER
IN CRL OP(MD) No.7654 of 2017 Date :21/06/2017 MKV-CM-SAR 2/28.6.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/