BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10276 of 2011 1 ARUMUGAM 2 VIMAL 3 KARUPASAMY ..PETITIONERS/ACCUSED NO.2 TO 4 Vs. STATE REP BY THE INSPECTOR OF POLICE, VILLOR POLICE STATION, MADURAI DISTRICT. IN CRIME NO.45 OF 2011 ..RESPONDENT/COMPLAINANT For Petitioners : M/S. G.MARI MUTHU Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.2 to 4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 365, 368, 323 and 506(II) of I.P.C. in Crime No.45 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 were charged under Sections 365, 368, 323 and 506(II) of I.P.C. and the petitioners are arrayed as A2 to A4 and on the basis of the complaint given by the wife of the defacto complainant for missing person, a case has been registered as man missing and subsequently, on 30.4.2011, he appeared and gave a complaint stating that he was abducted by some of the accused and obtained signatures in the blank papers and the petition in H.C.P. No. 210 of 2011, which was filed by the wife of the said Rengasamy, was closed and investigation is considerably over and the defacto complainant has given a false complaint and the petitioners are nothing to do with the commission of offence and they apprehend for arrest and they come forward with this application and prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) would submit the case has been registered as man missing and subsequently, one Rengasamy appeared and stated that he was abducted by three persons and threatened by them to withdraw the complaint and then only, the case has been altered to Sections 363, 368, 323 and 506(II) of IPC and H.C.P.No.210 of 2011 was closed and investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, on the basis of the complaint given by the Pappathiammal wife of Rengasamy https://hcservices.ecourts.gov.in/hcservices/ stating that her husband missing from 16.12.2011 onwards, originally a case has been registered under the caption 'man missing' and H.C.P.No.210 of 2011 has been filed and on 30.4.2011, the said Rengasamy appeared and stated that he was abducted by three persons and then only case has been altered to Sections 363, 368, 323 and 506 (II) of IPC and the documents clearly proved that the said Rengasamy entered into an agreement with other party and subsequently, it was cancelled and he is in the habit of giving false complaint and he already gave a complaint which was registered in Crime No.54 of 2007 and subsequently, it was referred as a mistake of fact. Considering all these aspects, 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 arrest or on their appearance before the learned Judicial Magistrate, Thirumangalam, each of them 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 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, anticipatory bail petition stands dismissed. sd/- 18/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE, VILLOR POLICE STATION, MADURAI DISTRICT. +1. CC to M/S. G.MARI MUTHU Advocate SR.No.28287 akm/22.08.11 /2p-6c/ ORDER IN CRL OP(MD) No.10276 of 2011 Date :18/08/2011 https://hcservices.ecourts.gov.in/hcservices/