BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.11751 of 2011 1. K.P.S.MANOHARAN, 2. K.P.S.SIVAKUMAR 3. K.P.S. MUNEESHWARAN ... PETITIONERS/ACCUSED NO.1 TO A3 Vs STATE THROGUH THE INSPECTOR OF POLICE, SELLUR POLICE STATION, MADURAI CITY IN CRIME NO. 2129 /2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.K. GOPALAN Advocate For Respondent : MR.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 427, 506(i) and 506(ii) I.P.C., in Crime No.2129 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 petitioners are the brothers of the defacto complainant and both of them were the Board of Directors of K.P.Selvaraj Tex (P) Ltd. Now a false case has been registered against them stating that the petitioners were demolished the temple, which was situated in Vilangudi Village, Madurai North Taluk and also the petitioners were taken away the idols, which was questioned, then only, the occurrence has been taken place. He further submitted that due to the property dispute, a false case has been registered against the petitioners under Sections 427, 506(i) and 506(ii) I.P.C. and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that due to the property dispute a case has been registered against the petitioners. He further submitted that the investigation is going on and hence, he prays for the dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that the occurrence has been taken place on https://hcservices.ecourts.gov.in/hcservices/ 28.07.2011, however, the complaint has been given on 22.08.2011 and there is a delay in preferring the complaint and even though the petitioners were not arrested neither they interfered with the investigation nor absconded from the jurisdiction, 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 their arrest or on their appearance before the learned Judicial Magistrate No.II, Madurai 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 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. 6. The petitioners shall appear before the learned Magistrate concerned 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/- 07/09/2011 / 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 INSPECTOR OF POLICE, SELLUR POLICE STATION, MADURAI CITY. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.T.K. GOPALAN Advocate SR.No.30337 SR : 12.09.2011 : 2p/6c ORDER IN CRL OP(MD) No.11751 of 2011 Date :07/09/2011 https://hcservices.ecourts.gov.in/hcservices/