BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fifth day of November Two Thousand Eleven PRESENT The Hon`ble Mr. Justice V.PERIYA KARUPPIAH CRL OP(MD) No.14612 of 2011 1 JEYASEKAR 2 MADASAMY @ MADHU 3 K.S. GEETHA ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs 1 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL. 2 THE DEPUTY SUPERINTENDENT OF DISTRICT CRIME BRANCH, NAGERCOIL, PETITION NO.475/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. K.P.NARAYANAKUMAR Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (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 alleged offences under Section 420 I.P.C. in petition No.DSP/DCB/2011/475 on the file of the respondent police and hence, seek anticipatory bail. 2. Heard Mr.K.P.Narayanakumar, learned counsel for the petitioners and Mr.K.S.Duraipandian, learned Government Advocate (Crl. Side) appearing for the respondent State. 3. According to the learned counsel appearing for the petitioners, the petitioners are innocent persons and they have not committed any offence and they have been falsely implicated in this case. He would further submit that the alleged victim Bhaskharan has already filed O.S.No.136 of 2009 before the District Court Kanyakumari for the relief of Specific Performance of Contract and the petitioner is having permanent residence and hence, he requests the Court to grant anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor would submit that the investigation is offing and if for any reasons, this Court is inclined to grant anticipatory bail to the petitioners, suitable conditions may be imposed against the petitioners. 5.Considering the submissions made on either side and considering the fact that the alleged victim Bhaskaran has already filed O.S.No.136 of 2009 before the District Court, Kanyakumari for specific performance https://hcservices.ecourts.gov.in/hcservices/ of Contract and the dispute in between the parties are purely civil of nature. Therefore, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are directed to be released on bail, in the event of their arrest or on their appearance before the Judicial Magistrate No.1, Nagercoil, on executing a separate 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 Judicial Magistrate No.1, Nagercoil and on further condition that the petitioners should appear before the respondent police as and when required.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/- 25/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL. 2. THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL. 3. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL. 4. THE DEPUTY SUPERINTENDENT OF DISTRICT CRIME BRANCH, NAGERCOIL. 5. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. K.P.NARAYANAKUMAR Advocate SR. No. ORDER IN CRL OP(MD) No.14612 of 2011 Date :25/11/2011 RJ/1.12.11 2p/7c https://hcservices.ecourts.gov.in/hcservices/