Kanagam, W/O.Dharmalingam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Kanagam
2. Kannan
3. Subash ... Petitioners/Accused No.1 to 3 Vs
1. The State rep.by, The Inspector of Police, Panagudi Police Station , Tirunelveli District.
(In Crime No.342/2023)..
(*)2. Jeya Seelan, S/o Thangadurai,Main Road,Azagappapuram, Now At,29th Street,Nanganallur, Kancheepuram District.
(*)R2 is Suo-Motu Impleaded as Per Order of the Court dated 07.07.2023 in Crl OP(MD) No.12345 of 2023 ... Respondents/Complainants 1/5
For Petitioner : MR. S. Vignesh Shunmugam, Advocate.
For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.342/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused No.1 to 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 406, 506(i) I.P.C, in Crime No.342 of 2023 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant along with his family settled in Kanjipuram District. But he has a house property in Alagappapuram, Tirunelveli District. He used to hand over the front room key to the 1st petitioner, while he was going to Kanjipuram. While so, at one point of time he gave his bedroom key also to the 1st petitioner. Thereafter, when he returned from Kanjipuram on 06.04.2023, he found that more valuable utensils kept in the bedroom 2/5
were missing. Hence, he enquired about the same with the petitioners. At that time, they abused him with filthy language and also threatened with dire consequences. Hence, the complaint.
3.Even though defacto complainant was suo motu impleaded as second respondent and notice was also sent to his address, so far service not effected. 4.The learned for the petitioners would submit that the petitioners are ready to deposit the entire amount, which is involved in the above said crime number. In view of the above said undertaking, this Court is inclined to grant anticipatory bail to the petitioners on conditions.
5.Let the above said amount of Rs.53,550/- (Rupees Fifty Three Thousand Five Hundred and Fifty only) be deposited by the petitioners to the credit of Crime NO.342 of 2023, before the trial Court. The above said amount be permitted to withdraw by the defacto complainant by following due procedure.
6. On such deposit being made, this Criminal Original Petition is allowed and 3/5
the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Valliyoor, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. 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 stands dismissed. sd/- 19/07/2023 / TRUE COPY / / 07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
tm TO 1.THE JUDICIAL MAGISTRATE, VALLIYOOR.
4/5
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3.THE INSPECTOR OF POLICE, PANGUDI POLICE STATION , TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to S. VIGNESH SHUNMUGAM Advocate SR.No.10954
ORDER
IN CRL OP(MD) No.12345 of 2023 Date :19/07/2023 RK/BUC (27/07/2023) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5