Madras High CourtCRL OP/5207/2022dismissed

V.Ramamoorthy v. The State Rep By

2022-03-04Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5207 of 2022 V.RAMAMOORTHY [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, B-2, VISHN KANCHI POLICE STATION, KANCHEEPURAM, KANCHEEPURAM DISTRICT.

CRIME NO.205 OF 2022 For Petitioner : M/S. KANCHI G.V.MATHIAZHAGAN Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the offences punishable under Sections 448, 427 of IPC, in Crime No.205 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. On perusal of FIR, this Court finds that the petitioner herein who claims himself as the owner of the building which was seized by the Hindu Religious and Charitable Endowments (HR & CE) Department for non payment of rent. It is further alleged that the petitioner broke open the lock of the premises unauthorizedly and therefore complaint was made against petitioner for the alleged offence under Section 453 IPC, Non-bailable offence attracts.

3. In view of the above, this Court is not inclined to look into those facts, since the person who claims himself as the owner of the superstructure as well as the entire building is liable for the illegal act of breaking the seal affixed by the authorities. Regarding the ownership, the order passed by this Court in C.R.P.No. (NPD).No.2377 of 2018 dated 29.04.2021, clearly indicates that the land belongs to temple and only the superstructure has been put up by third parties.

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4. Therefore, this Court finds that this is not a fit case for anticipatory bail and hence the petition for anticipatory bail is dismissed.

-sd/- 04/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, B-2, VISHN KANCHI POLICE STATION, KANCHEEPURAM, KANCHEEPURAM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. KANCHI GV.MATHIAZHAGAN Advocate on payment of necessary charges Sr.3383 CRL OP.5207/2022 Date :04/03/2022 RVR 11/03/2022 https://hcservices.ecourts.gov.in/hcservices/