Rayappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18131 of 2018 1.RAYAPPAN 2.RETHNABAI ... PETITIONERS / ACCUSED NO.1 & 2 Vs THE STATE OF TAMIL NADU REP. BY, THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KANYAKUMARI DISTRICT.

(CRIME NO.7 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.P.HARIPRASAD 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 406 and 420 I.P.C, in Crime No.07 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the petitioners had approached the defacto complainant and said that third and fifth accused were very influential persons and would arrange a job for him in the Tamil Nadu Housing Board Society and for that purpose, he demanded Rs.5,00,000/-. Since the defacto complainant gave that amount, no job was provided.

Thereafter, the petitioners approached the defacto complainant and again demanded a sum of Rs.2,25,000/-. In total, a sum of Rs.7,25,000/- was paid by the defacto complainant, but no job was provided. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents. They have been falsely implicated in this case. He would further submit that the matter is completely civil in nature. Hence, he prays for anticipatory bail to the petitioners.

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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 No.II, Kuzhithurai 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/- 25/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, KUZHITHURAI, KANYAKUMARI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KANYAKUMARI DISTRICT.

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

+1. CC to Mr.M.P.HARIPRASAD Advocate SR.No.20285.

ORDER

IN CRL OP(MD) No.18131 of 2018 Date :25/10/2018 RAM/JC/SAR 4/08.11.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/