Venkateswaran v. The Inspector Of Police

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.10889 of 2015 VENKATESWARAN ... PETITIONER/ACCUSED NO.2 Vs STATE REP BY THE INSPECTOR OF POLICE PULIYANKUDI POLOICE STATION, SIVAGIRI TALUK, TIRUNELVELI DISTRICT.

CRIME NO.260 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.T.INDRACHITHU 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 accused No.2 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 435 and 506(ii) of I.P.C., and Section 4 of TNPPDL Act in Crime No.260 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The prosecution case is that the accused have set fire to 4 lemon trees and one mango tree of the de-facto complainant, causing damage to the tune of Rs.10,000/-

3. The learned counsel for the petitioner submitted that due to property dispute, the first accused had already given a complaint against the de-facto complainant and the enquiry is pending. It is further submitted that the first accused was already arrested and remanded to judicial custody and the petitioner is ready to deposit a sum of Rs.5,000/- without prejudice to his rights in the criminal case.

4. Heard the learned Government Advocate (Crl.side). https://hcservices.ecourts.gov.in/hcservices/

5. Considering the nature of the allegations made against the petitioner, 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 arrest or on his appearance before the learned Judicial Magistrate, Sivagiri and on 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 deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.260 of 2015 before the learned Judicial Magistrate, Sivagiri and the petitioner shall appear before the respondent police as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. 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, the petition for anticipatory bail stands dismissed.

sd/- 17/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE SIVAGIRI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE PULIYANKUDI POLOICE STATION SIVAGIRI TALUK, TIRUNELVELI DISTRICT.

+One cc TO M/S.T.INDRACHITHU, Advocate, SR.No.31526 RL/6C - 23/6/2015

ORDER

IN CRL OP(MD) No.10889 of 2015 Date :17/06/2015 https://hcservices.ecourts.gov.in/hcservices/