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Madras High CourtCRL OP(MD)/10836/2015allowed

Vinayakamoorthi v. The Inspector Of Police

2015-06-17Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10836 of 2015 VINAYAKAMOORTHI ... PETITIONER/ ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE NATHAMPATTI POLICE STATION, VIURDHUNAGAR DISTRICT.

CR. NO. 68 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.K.SAMY Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 3 and 4 of T.N.P.P.D.L Act in Crime No.68 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The Village Administrative Officer, Ayannathampatti, lodged a complaint alleging that the petitioner had cut and removed a tamarin tree worth about a sum of Rs.6,000- without permission from the concerned authority.

3. The learned counsel for the petitioner submitted that the withered tamarin tree was dangerous to the petitioner and other-public, therefore, the petitioner made a representation on 09.01.2015 to the Tashildar seeking his intervention for removal of the tree and the same was sold to the petitioner for Rs.4,000- and the Panchayat received the amount.

4. Heard the learned Government Advocate (Crl.side).

5. Considering the facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Srrivilliputhur and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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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, the petition for anticipatory bail stands dismissed. sd/- 17/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SRIVILLIPUTHUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE NATHAMPATTI POLICE STATION, VIURDHUNAGAR DISTRICT. +1. CC to M/S.K.K.SAMY Advocate SR.No. 31757. TS/24.06.2015/2P -6C

ORDER

IN CRL OP(MD) No.10836 of 2015 Date :17/06/2015 https://hcservices.ecourts.gov.in/hcservices/