T. Suresh Kumar v. The Inspecor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice G.CHOCKALINGAM CRL OP(MD) No.6685 of 2016 1 T.SURESHKUMAR 2 AMUTHA ... PETITIONER/ACCUSED 1 & 2 Vs STATE REP.BY THE INSPECOR OF POLICE SUBRAMANIYAPURAM POLICE STATION, MADURAI DISTRICT, CR NO. 405 OF 2016. RESPONDENT/COMPLAINANT For Petitioner : M/S S.SIVAPRAKASH 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, who are arrayed as A1 and A2, apprehend arrest at the hands of the respondent Police for the alleged offences punishable under Sections 406, 420, 506(ii) IPC in Crime No.

405 of 2016 on the file of the respondent police hence, seek anticipatory bail. 2.The case of the prosecution is that on 10.02.2015 the accused persons have hired generators from the de facto complainant, utilizing the same for quarry operations and also promised to pay a sum of Rs.25,000/- per month as rent. However, they did not pay the rent as promised and on 10.09.2015, when the de facto complainant asked them to pay the rent and arrears of rent, the accused persons refused to pay and asked the de facto complainant to take back his generator from the quarry and also denied to pay the rent and threatened him with dire consequences.

3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and a false case has been foisted against them. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that totally Rs.1,50,000/- has to be paid by the petitioners to the de facto complainant and threatened the de facto complainant and hence, he prayed for the dismissal of this petition. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are directed to deposit a sum of Rs.1,00,000/- (rupees one lakh only) before the concerned Court within a period of 2 weeks from the date of receipt of a copy this order and on https://hcservices.ecourts.gov.in/hcservices/

such deposit being made, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.IV, Madurai, and on their 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 concerned court on all working day at 10.30 a.m., until further orders. Failing of any of the above said conditions, the anticipatory bail granted shall stand dismissed. The petitioners shall comply with the condition 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 stands dismissed.

sd/- 26/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE INSPECOR OF POLICE SUBRAMANIYAPURAM POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6685 of 2016 Date :26/04/2016 PA/JGB-DP/AR I/03.05.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/