Madras High CourtCRL OP(MD)/5724/2018disposed of

Murugesapandiyan, v. The Inspector Of Police,

2018-04-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5724 of 2018 1 MURUGESAPANDIYAN, 2 PREMALATHA, ... PETITIONERS/ACCUSED No.3 & 4 Vs STATE THROUGH ITS THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT.

CRIME NO.155/2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.S.MP AMALAN Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) 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 120(b), 420, 465, 471 & 34 of IPC in Crime No.155 of 2018 on the file of the respondent police.

2.The dispute between the petitioners and the defacto complainant is civil in nature. In this regard, a suit was filed by the defacto complainant and the same is still pending. Subsequently, the defacto complainant filed petition under Section 156(3) of Cr.PC before the Judicial Magistrate, Tirunelveli and the was also dismissed. Aggrieved by the same, the defacto complainant filed Cr.RC (MD)No.181 of 2016 and the same is pending before this Court.

3.Considering the civil nature of allegations involved in this case, 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.2, Kulithalai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties to the satisfaction of the learned Magistrate concerned and on further condition that the https://hcservices.ecourts.gov.in/hcservices/

petitioners shall appear before the respondent police as and when required for interrogation.

4.The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 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/- 11/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.2, KULITHALAI 2 THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT 3 THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.JEYAKARTHIK Advocate SR.No.5925

ORDER

IN CRL OP(MD) No.5724 of 2018 Date :11/04/2018 SMA/PMI/SAR-2/16.04.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/