BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9620 of 2011 1 S.JEYAMANIRAJ 2 SANKAR 3 APPAKUTTI ..PETITIONERS/ACCUSED 1 to 3 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE KADAYAM POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.219 OF 2011 ..RESPONDENT/COMPLAINANT For Petitioners : M/S. G.THALAIMUTHARASU 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 No.1 to 3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341,294(b),417,420 and 506(ii) IPC. in Crime No.219 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 working as Secretary and the second and third petitioners are working in the first accused farm and the petitioners 2 and 3 are nothing to do with the commission of offence and the only offence available against the petitioners 2 and 3 is 506(ii)IPC. In respect of A1 is concerned that the de-facto complainant already made a complaint before the Inspector of Police, Alangulam and after enquiry the matter is referred as mistake of fact and that in respect of complaint given to Surandai Police Station, the investigation is going on and hence they apprehend arrest and pray for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor refuting the same submits that the first petitioner has given a false promise that he https://hcservices.ecourts.gov.in/hcservices/ will get a job for the de-facto complainant and received a sum of Rs.8,15,000/- but he neither repay the amount nor gave appointment order and hence the complaint was registered against the petitioners. He further submits that it is the case of job rocketing and the petitioners were enquired in the Alangulam Police Station, but the petitioners got an order of not to harass before this Court and hence the case is pending and the investigation is going on and hence he prays for dismissal of the petition. 4.Considering the rival submissions, it could be seen that in respect of the petitioners 2 and 3 are concerned that they are only servant under A1 who is having a agricultural farm and it is the case of the prosecution that they made a criminal intimidation. In such circumstances, I am inclined to grant anticipatory bail to the petitioners A2 and A3. Accordingly, the petitioners 2 and 3 are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Ambasamudram, 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 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. 5.In respect of A1 is concerned that the accused A1 was working as Secretary of Co-operative Society and he is having a habit of receiving money from jobless graduates and he is also having one previous case. Since the first petitioner herein received Rs.8,15,000/- and he neither repay the said amount nor given a job, I am inclined to grant anticipatory bail to the first petitioner on condition that the first petitioner shall deposit a sum of Rs.8,15,000/- to the credit of Crime No.219 of 2011 on the file of the learned Judicial Magistrate, Ambasamudram, and on receipt of the same, the first petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Ambasamudram, and on his 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 report before the Court concerned daily at 10.30 a.m. until further orders. The https://hcservices.ecourts.gov.in/hcservices/ petitioner 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/- 29/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUDRAM. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE KADAYAM POLICE STATION, TIRUNELVELI DISTRICT. +2CC to M/S. G.THALAIMUTHARASU Advocate SR.Nos.29592 & 29735 akm/30.08.11 /2p-7c/ ORDER IN CRL OP(MD) No.9620 of 2011 Date :29/08/2011 https://hcservices.ecourts.gov.in/hcservices/