Madras High CourtCRL OP(MD)/22962/2018ordered

Banumathi v. The Inspector Of Police

2018-12-27Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22962 of 2018 1.BANUMATHI 2.PRABHU 3.VELLADURAI ... PETITIONERS / ACCUSED No. 1 to 3 Vs THE STATE REP.BY ITS THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, TUTICORIN DISTRICT.

Crime No.273/2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.M.S.JEYAKARTHIK Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 420, 447, 294(b), 341 and 506(i) IPC in Crime No.273 of 2018 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to non-payment of chit amount due, quarrel arose between the petitioners and the defacto complainant and according to the defacto complainant, the petitioners, having received Rs.2,55,000/- in advance, did not pay the chit amount to the tune of Rs.,1,50,000/-. During the said quarrel, the petitioners abused the defacto complainant with filthy language and caused severe life threat.

3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate [Criminal Side] for the respondent State.

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4. The learned Government Advocate [Criminal Side] opposes the

grant of Anticipatory Bail by stating that the complaint arose out of chit fund transaction wherein the petitioners have got the chit amount and they failed to pay the chit amount due.

5. Considering the facts and circumstances of the case and also taking into consideration of the fact that the complaint was lodged for non-payment of chit installment, this Court is inclined to grant Anticipatory Bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Srivaikundam, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a likesum 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/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2.THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3.THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, TUTICORIN DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.M.S.JEYAKARTHIK Advocate SR.No.24149

ORDER

IN CRL OP(MD) No.22962 of 2018 Date :27/12/2018 TK/VR/SAR-3/31.12.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/