Pon. Ramar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15595 of 2018 PON.RAMAR ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE THALLAKULAM, MADURAI.

CRIME NO.1687/2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.NIRANJAN.S.KUMAR, Advocate For Respondent : MR.M.ASOKAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 323, 397 and 506(ii) IPC, in Crime No.1687 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that on 29.08.2018 at about 18.00 hours when the defacto complainant came to Madurai Corporation Office for attending a tender process, the petitioner and four others came there and prevented him from participating in the tender process and also threatened him with dire consequences. Thereafter, persons engaged by the petitioner robed the bag of the de facto complainant, which contains Laptop worth about Rs.60,000/-, a Demand Draft for a sum of Rs.7,00,000/- and tender documents. Hence, a case has been registered.

3.The learned counsel appearing for the petitioner submitted that the petitioner is a registered class-I contractor in Madurai District. He is doing government contract works. If the tender is confirmed to the petitioner then the other contractors would be suffered. Therefore, the defacto complainant, with the support of the present ruling party and also with the help of the respondent Police, lodged a false complaint against the petitioner. On 30.08.2018, under the guise of enquiry, the respondent Police seized all the ornaments, which was worn by the petitioner. It is unfortunate to state that while the petitioner was undergoing to medical check up, the belongings of the petitioner were also seized by the respondent Police. In this regard, the petitioner also filed a direction petition in Crl.O.P.(MD)No.15849 of 2018 for a direction https://hcservices.ecourts.gov.in/hcservices/

to the respondent Police to hand over the articles, which were illegally recovered from the petitioner.

4.Heard the learned Government Advocate (Crl.side) appearing for the respondent Police.

5.On perusal of the records, it appears that the petitioner also went to the Madurai Corporation office for participating in the tender process on 29.08.2018. With regard to the allegation of works under various contracts, there is previous enmity between the parties.

6.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Madurai and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner 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/- 05/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, MADURAI.

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

3. THE INSPECTOR OF POLICE, THALLAKULAM, MADURAI.

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

+1. CC to MR.NIRANJAN.S.KUMAR Advocate SR.No.82382 ORDER IN CRL OP(MD) No.15595 of 2018 Date :05/09/2018 MS/MMS/SAR-2/07.09.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/