Karupanagounder, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15165 of 2018 1 KARUPANAGOUNDER, 2 PONGIYANAN, 3 SENTHILVADIVU, 4 ARUMUGAM ... PETITIONERS / ACCUSED 1-4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ODDANCHATRAM POLICE STATION, DINDIGUL DISTRICT, CRIME NO.466 OF 2018 ... RESPONDENT For Petitioners : M/S.E.MAREES KUMAR Advocate For Respondent : M/S.M.ANANTHA DEVI Govt. Advocate ( Crl. Side) 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, 506(i), 380 of IPC, in Crime No.466 of 2015, seek anticipatory bail. 2.
The case of the prosecution is that the defacto complainant is a tenant of the first petitioner. On oral agreement between the defacto complainant and the first petitioner, the defacto complainant running a Astrology Center in the petitioner's complex. In this regard, the civil suit in O.S.No.549 of 2018, is pending on the file of the learned District Munsif Court, Ottanchathram. While being so, on 17.07.2018, the petitioner's assaulted the defacto complainant. Hence, the complaint.
3.The learned counsel appearing for the petitioners would submit that the the defacto complainant is the tenant of the first petitioner and already a civil suit is pending. It is a false case foisted against the petitioners herein. Hence, he prays for grant of anticipatory bail.
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4. Heard the learned Additional Public Prosecutor appearing for the respondent.
5.Considering the facts and circumstances of the case, 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, Oddanchatram 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/- 27/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ODDANCHATRAM.
2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3 THE INSPECTOR OF POLICE, ODDANCHATRAM POLICE STATION, DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.E.MAREES KUMAR Advocate SR.No.16205
ORDER
IN CRL OP(MD) No.15165 of 2018 Date :27/08/2018 MV:PN:SAR4:28/08/18/2P/6C https://hcservices.ecourts.gov.in/hcservices/