1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of September Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.11847 of 2011 1 M.KALYANASUNDARAM 2 M.MUTHURAMALINGAM 3 M.SEENIVASAN ... PETITIONERS / ACCUSED NO.1 TO 3 Vs THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALAYANOOR POLICE STATION, SIVAGANGAI DISTRICT CRIME NO.67 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.BALASUBRAMANIAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 to 3 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 406 I.P.C. in Crime No.67 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned Counsel for the petitioners would submit that the petitioners A1 and A3 are brothers and A2 is the father of A1 and A3. He further submits that the petitioners herein gave a complaint against the de-facto complainant in respect of sale of poromboke property. For the counter blast a false case has been registered against the petitioners and now, they are apprehending arrest and they never taken vehicle of the de-facto complainant for rental purpose. Though the de- facto complainant purchased the tractor on hire purchase agreement, he has not repaid the amount. Because of enmity a false case has been registered against the petitioners and in that complaint the alleged occurrence took place on 04.10.2008 and the complainant was given on 31.08.2011 after three years and hence, they pray for anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor (Crl.Side) would submit that the de-facto complainant is the owner of tractor and this petitioners have taken a tractor for rental purposes on 04.10.2008 and they have not returned the same and hence the de-facto complainant given the complaint and the vehicle is yet to be recovered and the value of the tractor is Rs.4,50,000/- and the investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the rival submissions, admittedly A1 and A3 are one family members. As per the version of the learned Additional Public Prosecutor on 04.10.2008 the petitioners taken the tractor of the de- facto complainant on rental purpose and they have not handover the same, the complaint has given only on 13.08.2011. As per the version of FIR it was specifically stated that the de-facto complainant came to know that the vehicle was at one Karumathur and even though the petitioners were not arrested, they neither interfered with the investigation nor absconded from the jurisdiction. Hence, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Manamadurai, and each of them 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 Judicial Magistrate concerned and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6. 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/- 08/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, MANAMADURAI. 2. THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI. 3. THE SUB INSPECTOR OF POLICE, PALAYANOOR POLICE STATION, SIVAGANGAI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.BALASUBRAMANIAN Advocate SR. No.30561 ORDER IN CRL OP(MD) No.11847 of 2011 Date :08/09/2011 RJ/12.9.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/