Rajkumar, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15167 of 2018 1 RAJKUMAR 2 SUBRAMANIAN 3 THANGAPAPPA 4 CHITRA 5 SHANTHI 6 PONMANI 7 LAKSHMI ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY, THE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, TRICHY DISTRICT.

(CRIME.NO. NOT KNOWN OF 2018) ...RESPONDENT / COMPLAINANT For Petitioner : Mr.M.KUMAR 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, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 379 and 506(i) I.P.C., in Crime No.325 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the petitioners are all relatives. The two shops have been given for lease to the defacto complainant for a period of three years. Since, the petitioners did not repay the lease amount, the complaint has been lodged by the defacto complainant.

3.The learned counsel appearing for the petitioners would submit that the defacto complainant has filed a suit in O.S.No.365 of 2011 before the learned District Munsif Court, Manapparai seeking not to evict the defacto complainant without due process of law and the same was dismissed for default. In these circumstances, the defacto complainant suppressing all the facts and had given a false complaint that the petitioners did not repay the lease amount and also broke open the locks of the shops. The petitioner did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioners.

https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor submitted that the investigation is pending.

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, Manaparai, Trichy District 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 daily at 10.30 a.m for a period of two weeks and thereafter, 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/- 25/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAPARAI,TRICHY DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE TRICHY, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.M.KUMAR Advocate SR.No.18442 PS/JC/SAR-4:04/10/2018:2P/6C

ORDER

IN CRL OP(MD) No.15167 of 2018 Date :25/09/2018 https://hcservices.ecourts.gov.in/hcservices/