Mayilsamy @ Mayilraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.05.2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI

1. Mayilsamy @ Mayilraj

2. Palanisamy

3. Saravanan ... Petitioner/Accused Nos.1 to 3 Vs The State Rep. By, The Inspector of Police, Pasupathipalayam Police Station, Karur District.

(Crime No.187 of 2022). ... Respondent/Complainant For Petitioner : Mr.Gokulraj.S Advocate.

For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.187 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused Nos.1 to 3, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 341, 294(b), 323 & 506(i) of IPC in Crime No. 187 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant is a driver of JCB. When he was operating the JCB, the petitioners were alleged to be taken away the JCB and asked him to pay the interest to the loan borrowed by him from the first petitioner and threatened him with dire consequences by using filthy language. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. Hence, he prayed for grant of anticipatory bail to the petitioners. 1/3

4.The learned Additional Public Prosecutor appearing for the respondent police would state that there is a money dispute between the petitioners and the defacto complainant. He would further submit that two previous cases are pending as against the first petitioner and no previous case is pending as against the petitioners 2 and 3.

5.Taking note of the facts and circumstances of the case and also taking note of the submission made by the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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

[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Judge may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the first petitioner shall report before respondent police daily at 10.30 a.m for a period of eight weeks and thereafter as and when required and the petitioners 2 and 3 shall report before the respondent police on every Wednesday at 10.30 a.m until further orders.

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners, in accordance with law, as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/- 18/05/2022 / TRUE COPY / 20/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE NO.I, KARUR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE INSPECTOR OF POLICE, PASUPATHIPALAYAM POLICE STATION, KARUR DISTRICT.

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

+1 CC to M/s.S.GOKUL RAJ, Advocate ( SR-4852[I] dated 20/05/2022 )

ORDER

IN CRL OP(MD) No.9116 of 2022 Date :18/05/2022 skn USK/SVR/SAR-II/20.05.2022/3P/6C 3/3