Madras High CourtCRL OP(MD)/10689/2015disposed of

R.B.Rajakrishnan v. The Inspector Of Police

2015-06-29Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10689 of 2015 R.B.RAJAKRISHNAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REPERSENTED BY THE INSPECTOR OF POLICE PALAM POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.328/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.T.LAJAPATHI ROY Advocate For Respondent : M/S.K.V.RAJARAJAN,Govt. Advocate ( Crl. Side) For Intervenor : M/S.R.JEGADEESAPANDIAN, Advocate 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 alleged offence punishable under Sections 294(b) and 506(ii) I.P.C. in Crime No.328 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.It is alleged in the complaint that the defacto complainant is running an agency and the petitioner has purchased goods, but he did not pay the entire amount to the defacto complainant and he threatened and abused the defacto complainant. 3.The learned counsel for the petitioner submitted that the dispute is entirely civil in nature and the defacto complainant has given some colour to the dispute and lodged the criminal complaint.

4. The learned counsel for the intervenor vehemently opposed the anticipatory bail petition by stating that the petitioner has purchased the home appliances from the agency run by the defacto complainant and the petitioner has not paid the total amount and he has to pay the remaining amount to the defacto complainant and instead of giving the remaining amount, the petitioner threatened him with dire consequences.

5.Heard the learned Government Advocate appearing for the State.

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court No.IV, Tirunelveli, and on 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 daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required. The petitioner shall comply with the condition 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 stands dismissed.

sd/- 29/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.IV TIRUNELVELI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE PALAM POLICE STATION, TIRUNELVELI DISTRICT.

+1. CC to M/S.T.LAJAPATHI ROY Advocate SR.No.34672 RL/6 C- 1/7/2015

ORDER

IN CRL OP(MD) No.10689 of 2015 Date :29/06/2015 https://hcservices.ecourts.gov.in/hcservices/