Muthukumar @ Muthukumara 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.15877 of 2018 1 MUTHUKUMAR @ MUTHUKUMARA SAMY, 2 ARUNACHALAM PILLAI, 3 SANKAR @ SANKARA NARAYANAN, 4 KAVITHA, ... PETITIONER / ACCUSED NOS.1 TO 4 Vs STATE REP BY THE INSPECTOR OF POLICE, CHOKKAMPATTI POLICE STATION, TIRUNELVELI. (CR.NO.190/2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.J.JEYAKUMARAN Advocate For Respondent : MR.V.NEELAKANDAN, ADDL. 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 420, 448, 294(b), 506(i) and 109 of I.P.C., in Crime No.190 of 2018, seek anticipatory bail.

2.The case of the prosecution is that there was a civil dispute between the petitioners and the defacto complainant, due to which, the petitioners trespassed into the defacto complainant's house and threatened her with dire consequences. Hence the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are an innocent and they have not

committed any offence as alleged by the prosecution. The defacto complainant already filed a complaint before the District Crime Branch, Tirunelveli and a case was registered in Crime No.22 of 2013 as against the petitioners herein, in which, the petitioners have been granted anticipatory bail in Crl.O.P(MD)No.19589 of 2014. 4.Heard the learned Additional Public Prosecutor appearing for the respondent.

5.Considering the facts and circumstances of the case the dispute is civil in nature, 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, Tenkasi 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 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/- 05/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGAISTRATE, TENKASI, TIRUNELVELI.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, CHOKKAMPATTI POLICE STATION, TIRUNELVELI.

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

+1. CC to M/S.J.JEYAKUMARAN Advocate SR.No.17008

ORDER

IN CRL OP(MD) No.15877 of 2018 Date :05/09/2018 TR/JC/SAR-4 (14/09/2018) 3P/6C