Dineshkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Tenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14146 of 2018 1 DINESHKUMAR 2 ARUNKUMAR ... PETITIONERS/ ACCUSED NO.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE, THIRUMANGALAM POLICE STATION, MADURAI DISTRICT.

CRIME NO.350 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.M.RAMU Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 448, 436 I.P.C r/w Section 3 of TNPPDL Act, in Crime No.350 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the son of the defacto complainant, namely Arun married one Sharmila on love affection, who is the sister of the petitioners and both are different communities. On that motive, the petitioners along with others damaged the defacto complainant's house including household articles. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are brothers. They are innocent persons. They did not commit any offence as alleged by the prosecution. Since the son of the defacto complainant married the sister of the petitioners without their consent, they have been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioners.

4.Heard the learned Additional Public Prosecutor appearing for the respondent.

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5.Taking note of the facts and circumstances, 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, Thirumangalam and on their 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. 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 dismissed.

sd/- 10/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, THIRUMANGALAM POLICE STATION, MADURAI DISTRICT.

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

+1. CC to Mr.M.RAMU Advocate SR.No.15305

ORDER

IN CRL OP(MD) No.14146 of 2018 Date :10/08/2018 MS/PN/SAR-2/14.08.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/