Madras High CourtCRL OP(MD)/5298/2024ordered

Ayyar v. The Inspector Of Police

2024-04-18Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Ayyar 2.Sundararaj @ Sundararajan 3.Udaiyar Arumugam @ Arumugam 4.Raman 5.Karthikeyan 6.Subramani ... Petitioners/Accused No.1 to 6

Versus

The Inspector of Police, Thilagar Thidal Police Station, Madurai City.

(Crime No.124 of 2024) ... Respondent/Complainant For Petitioners :

Mr.Gandhi, Senior Counsel for Mr.A.Balaji, Advocate For Respondent :

Mr.B.Thanga Aravindh Government Advocate (Crl. Side) For Intervener :

Mr.K.Jeyamohan, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.124 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/4

The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.124 of 2024, for the offence punishable under Sections 384, 447, 427 of IPC and 75 of TNCP Act,1888, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioners have threatened the Accountant of the Madurai United Club and got certain documents and keys of the Club from him. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the first petitioner is the President of Madurai United Club since 2018 and other petitioners are the members of the Club. There is a dispute between the petitioners and the erstwhile Secretary of the Club/the de-facto complainant. Therefore, a false complaint has been lodged by the de-facto complainant, based on which, the petitioners are implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4. Considering the rival submissions made, this Court by earlier order dated 05.04.204 has granted an interim anticipatory bail to the petitioners and directed the petitioners to appear before the respondent police for interrogation and directed to file a report. The Inspector of Police, Thilagar Thidal Police Station, Madurai City, has filed a report and in the said report, instead of conducting the investigation in 2/4

Crime No.124 of 2024, he has stated various other facts which is not related to the investigation.

5. Considering the nature of allegations, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Madurai on condition that (i) the petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Madurai.

(ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

(iii) The petitioners shall appear before the respondent police as and when required for interrogation. They have to co-operate for the investigation. (iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. 3/4

(v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 18/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, THILAGAR THIDAL POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.5298 of 2024 Date :18/04/2024 RS/JGB/SAR-(07.05.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4