BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S. RAJESWARAN CRL OP(MD) No.16999 of 2011 1 MURUGAN 2 KANNAN ... PETITIONERS / ACCUSED NOS.1 & 2 Vs STATE REP. BY THE INSPECTOR OF POLICE, THILAGAR THIDAL POLICE STATION, MADURAI. (CR.NO.2565 OF 2011) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. G.THIRUVARUTSELVAN Advocate For Respondent : M/S.K.ANBARASU, 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 406, 423, 424, 426, 465, 467, 468 of IPC in Crime No.2565 of 2011, on the file of the respondent police. They have approached this Court for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Heard Mr.G.Thiruvarutselvan, learned counsel for the petitioners and Mr.C.Ramesh, learned Additional Public Prosecutor appearing for the State. 3. The learned Counsel for the petitioners would submit that as against the first petitioner and the de-facto complainant, there is a civil suit pending in respect of the temple property, for which both of them claiming right. Though the said suit is decreed in favour of the temple, the first petitioner has filed an appeal to condone the delay. Therefore, according to him, it is purely a civil dispute, which has to be decided only by an appropriate Court and not by the Criminal forum. He would further submit that this Court has already granted anticipatory bail in favour of A-3 in Crl.O.P.(MD)No.14743 of 2011, dated 21.11.2011. 4. The learned Additional Public Prosecutor would submit in his argument that due to civil dispute, the petitioners have been implicated. He would further submit that the investigation is pending and if for any reason, this Court is inclined to grant bail to the petitioners, suitable conditions may be passed for the secured presence of the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 5. In the light of the above, I am inclined to grant anticipatory bail to the petitioners, of course, subject to certain stringent conditions. 6. Accordingly, the petitioners are directed to be released on anticipatory bail, in the event of their arrest or on their appearance before the Judicial Magistrate concerned on executing 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.II, Madurai, and n further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders for the purpose of interrogation. 7. The petitioners shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 28/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI 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, THILAGAR THIDAL POLICE STATION, MADURAI ORDER IN CRL OP(MD) No.16999 of 2011 Date :28/12/2011 SMA/02.01.2012/5C/2P https://hcservices.ecourts.gov.in/hcservices/