1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12175 of 2011 1 C.THIRUPPATHIRAJAN 2 B.SUDHA ... PETITIONERS/ACCUSED No.1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI CITY, (CRIME NO.2038 OF 2011 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.DEENADHAYALAN Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/accused No.1&2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 365, 323, 324 and 506(ii) of IPC in Crime No.2038 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 second petitioner's husband and the defacto complainant are relatives and when the defacto complainant borrowed money from the second petitioner's husband and when he demanded money, he was directed to go to Chennai, where the defacto complainant was residing and the second petitioner's husband died there and that factum was not informed to the second petitioner and the defacto complainant went to Thiruppur and since the petitioner herein has demanded money, a false case has been foisted and the petitioners apprehend for arrest and they come forward with this application and prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor submitted that the defacto complainant borrowed Rs.25,000/- from A1's brother Baskaran, who is A2's husband and after borrowing, the defacto complainant went to Chennai and Baskaran gone there for asking money, where he died. But the petitioners were not given any complaint and when the defacto complainant and her husband visited Madurai to see their daughter, who is taking treatment, the petitioners demanded money and https://hcservices.ecourts.gov.in/hcservices/ 2 assaulted them and caused injury and on the basis of the complaint given by the defacto complainant,a case has been registered under Sections 365, 323, 324, and 506(ii) of IPC and investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides, it is an admitted fact that Rs.25,000/- was borrowed by the defacto complainant from the second petitioner's husband and brother of the first petitioner and that was not repaid and after that, the second petitioner's husband died in the house of the defacto complainant at Chennai is also an admitted fact. But it is the case of the prosecution that on 10.9.2011, the defacto complainant was abducted by the petitioners and demanded money and caused injury. Even though the petitioners were not arrested, neither they interfered with the investigation nor they 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 arrest or on their appearance before the learned Judicial Magistrate No.V, Madurai, 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 Magistrate concerned and on further condition that the petitioners shall appear before the concerned court 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/- 20/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.V,MADURAI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3 THE INSPECTOR OF POLICE, KARIMEDU POLICE STATION,MADURAI CITY. 4 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. S.DEENADHAYALAN Advocate SR.No.32250 ORDER IN CRL OP(MD) No.12175 of 2011 PA/21.09.2011/2P/6C Date :20/09/2011 https://hcservices.ecourts.gov.in/hcservices/