Porkodi v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.12.2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Porkodi 2.Shanmugam ... Petitioners / Accused Nos.1 and 2 Vs 1.State represented by The Sub-Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.
Crime No.251 of 2023.
... Respondent/Complainant 2.Ramu ... 2nd Respondent (R2 is suo motu impleaded vide Court order dated 20.10.2023) For Petitioners : M/s.E.Mareeskumar, Advocate For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.RM.Arun Swaminathan, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. 1/4
PRAYER :- For Anticipatory Bail in Crime No.251 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 and 420 of IPC in Crime No.251 of 2023, on the file of the respondent police, seek anticipatory bail. 2.A conditional order was passed by this Court on 21.11.2023, directing the petitioners to pay a sum of Rs.5 Lakhs directly to the second respondent / defacto complainant. That was reported to be received by the defacto complainant who is present before this Court. Another condition imposed upon the petitioners is to deposit a sum of Rs.5 Lakhs to the credit of the crime No.251 of 2023, before the learned Judicial Magistrate No.1, Sivakasi, that was also deposited on 01.12.2023. A copy of the receipt is also produced before this Court.
3. In view of the compliance of the conditions, this Court is inclined to grant relief to the petitioners, without going into the other aspects.
4. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.1, Sivakasi, Virudhunagar District, on 2/4
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.
5. 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/- 04/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO 1 THE JUDICIAL MAGISTRATE NO.I SIVAKASI, VIRUDHUNAGAR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE SUB INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION VIRUDHUNAGAR DISTRICT 3/4
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.18958 of 2023 Date :04/12/2023 SS/JGB/SAR- /06/12/2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4