1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Thursday, the Twenty Second day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12425 of 2011 N. SURESHKUMAR :PETITIONER / ACCUSED NO.4 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, CITY CRIME BRANCH (CCB), MADURAI CITY, MADURAI-1. CRIME NO.76/2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. K.K.KANNAN, 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 petitioner/A4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under section 143, 342, 365, 166, 167, 465, 468, 471, 387, 506(ii) r/w 120(b) of IPC in Crime No.76 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioner would submit that on the basis of the complaint given by one Mahendran, a case in Crime No.76 of 2011 has been registered on 9.9.2011 against 8 persons and the petitioner is arrayed as A4 and already the matter was compromised and A7 was already enlarged on anticipatory bail by this court and A1, A3 and A6 were released by the Judicial Magistrate No.I, Madurai and he come forward with this application and prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor submitted that the case has been registered on 9.9.2011 and the matter was compromised and they filed compromise deed and A7 was already enlarged on anticipatory bail by this court and A1, A3 and A6 were already enlarged on bail. He further submitted that the overt act against the petitioner is that the defacto complainant was taken to A2's Office where the petitioner herein has threatened the defacto complainant to sign the document which was already prepared by A6 as if it was https://hcservices.ecourts.gov.in/hcservices/ 2 executed by him as a mortgage deed after receipt of 8 lakhs and investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, and on perusal of the case records, it could be seen that the case has been registered in Crime No.76 of 2011 under sections 143, 342, 365, 166, 167, 465, 468, 471, 387, 506(ii) r/w 120(b) of IPC against eight named persons and others and the petitioner was shown as A4. The case of the prosecution is that the defacto complainant was forcibly taken to A2's office, where the petitioner has threatened the defacto complainant to sign in the prepared mortgage deed and except this, the petitioner is nothing to do with the commission of offence. Further more, it is pertinent to note that they filed a compromise deed on 12.09.2011 and already A1, A3 and A6 were enlarged on bail and A7 is enlarged on anticipatory bail. Considering the same, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No:I, Madurai, and 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 petitioner shall appear before the concerned court daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under section 438 Cr.PC. Scrupulously. 6.The petitioner 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 stands dismissed. sd/- 22/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Judicial Magistrate No:I, Madurai. 2.-Do- Thro' The Chief Judicial Magistrate,Madurai. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, City Crime Branch (CCB), Madurai City, Madurai-1. +1. CC to M/S. K.K.KANNAN Advocate SR.No.32864. RP/27.09.2011/2P/6C. ORDER IN CRL OP(MD) No.12425 of 2011. https://hcservices.ecourts.gov.in/hcservices/