Pappathi, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN
1. Pappathi
2. Mookambikai
3. Senthilkumar ... Petitioners/Accused Rank not known Vs State rep.by, The Inspector of Police,, Kattuputhur Police Station, Kattuputhur, Trichy District.
(Crime No.105 of 2019). ... Respondent/Complainant Mohanambal ... Petitioner/Intervener in Crl.MP(MD)No.5927/2019 For Petitioner : M/s.K. Arunraj, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervenor : MR.T.Lenin Kumar, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 105 of 2019 on the file of the respondent police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and and the learned counsel appearing for the intervenor and the learned Government Advocate(Crl. Side) appearing for the respondent. 1/3
2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 420 and 506(1) of I.P.C., in Crime No.105 of 2019, on the file of the respondent police, seek anticipatory bail.
3. The case of the defacto complainant is that she had parted with a sum of Rs.4,47,000/- to the petitioners as a part of the sale consideration.It appears that the defacto complainant entertained some doubts regarding the very title of the petitioners. Now the doubts have been set at rest. The defacto complainant is ready to pay the balance amount. The petitioners are also ready to execute a sale deed after clearing the existing encumbrances within a period of four weeks.
4. Since the petitioners are now ready to execute the sale deed after receiving the balance sale consideration, I am of the view that anticipatory bail can be granted to the petitioners herein. Recording the undertaking given by the petitioners herein to execute the sale deed within a period of four weeks, after receiving the balance amount from the defacto complainant, anticipatory bail is granted to the petitioners herein 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, Musiri, and executing 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 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.
5. 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 dismissed.
sd/- 03/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT 2/3
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3.THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, KATTUPUTHUR, TRICHY DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.K.ARUNRAJ, Advocate SR.No.14626 +1. CC to M/S.T.LENIN KUMAR, Advocate SR.No.14679
ORDER
IN CRL OP(MD) No.8811 of 2019 Date :03/09/2019 PMU PK/JC/SAR-2/06.09.2019 : 3P/7C 3/3