BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11385 of 2011 1 H.KANDEEPAN 2 S.MURUGAN ... PETITIONERS / ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE, SOUTH POLICE STATION OF GUDALUR, GUDALUR, UTHAMAPALAYAM TK, THENI DT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. D.CHANDRASEKAR Advocate For Respondent : M/S. A.RAMAR Govt. Advocate ( 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 offence punishable under Sections 403, 294(b) and 506(i) I.P.C. r/w Sections 51(2) and 63 of Copy Right Act 1957, in Crime No.135 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 first petitioner is running a cable TV network distribution at Gudalur, Uthamapalaym Taluk, Theni District for the past four years and the second petitioner is its employee. He further submitted that on the basis of complaint given by the defacto complainant, a false case has been foisted against the petitioners. In the complaint, it was stated that the first petitioner has failed to pay a sum of Rs.19,65,600/- and on that basis only, the case has been registered, whereas in the complaint dated 11.08.2011 given by the defacto complainant, before the Superintendent of Police, Theni District, it was mentioned that the first petitioner has failed to pay a sum of Rs.7,27,200/-. 3. The learned counsel for the petitioners further submitted that the defacto complainant himself filed a writ petition before this Court in W.P.(MD) No.6283 of 2009, in that, it was stated that the first petitioner herein is running cable network by using the duplicate Sun DTH and hence, he prays for enlargement on anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 4. The learned Additional Public Prosecutor would submit that the defacto complainant is running cable network and the petitioners obtained connection from the defacto complainant by paying linking charges. He further submitted that from 2008 on wards, they have not paid the charges and the investigation is going on and hence, he prays for dismissal of this application. 5. Considering the rival submissions made by both sides and also considering the fact that admittedly, the defacto complainant and the petitioners are running cable TV network and the first petitioner has not paid the rental due for linking charges and the dispute between the parties is of civil in nature, I am inclined to grant anticipatory bail to the petitioners, with certain conditions. 6. 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, Uthamapalayam, Theni District and 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 Magistrate concerned and on further condition that the petitioners shall report before the learned Magistrate 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. 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/- 26/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE UTHAMAPALAYAM, THENI DIST 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THENI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, SOUTH POLICE STATION OF GUDALUR, GUDALUR, UTHAMAPALAYAM TK, THENI DT. +2. CC to M/S. D.CHANDRASEKAR Advocate SR.No.29243 ORDER IN CRL OP(MD) No.11385 of 2011 Date :26/08/2011 SMA/30.8.2011/7C/2P https://hcservices.ecourts.gov.in/hcservices/