Alagu Thangamani v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11808 of 2015 1 ALAGU THANGAMANI 2 SIVAKUMAR 3 NAGARAJAN ... PETITIONERS/ACCUSED No.1 TO 3 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE KOPPAMPATTI POLICE STATION, KOPPAMPATTI, THOOTHUKUDI DT, CRIME NO.73/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.PETHU RAJESH Advocate For Respondent : MR.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 petitioners, who are arrayed as accused Nos.1 to 3 in Crime No.73 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 447, 351, 294(b), 427 and 506(ii) of I.P.C. and hence, seek anticipatory bail.

2.According to the defacto complainant, the accused have trespassed in to his property and damaged asbestos sheet worth of Rs.20,000/- and also threatened him with dire consequences.

3.It is submitted by the learned counsel for the petitioners that the petitioners are respectful persons and they have been unnecessarily roped in this case. He would further submit that the petitioners have filed a suit against the defacto complainant for bare injunction and the defacto complainant has also filed a suit in respect of the same property for declaration and other consequential relief. He would further submit that the present complaint has been made with an ulterior motive.

4.It is submitted by the learned Government Advocate (Crl.Side) opposed for granting anticipatory bail stating that the petitioners have taken the law into their hands and damaged the property of the defacto complainant.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Kovilpatti and on each of them executing a https://hcservices.ecourts.gov.in/hcservices/

bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required. The petitioners shall deposit a sum of Rs.20,000/- to the credit of the Crime No.73 of 2015 within a period of two weeks from the date of receipt of a copy of this order. The petitioners 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, the petition for anticipatory bail stands dismissed.

sd/- 26/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT.

3 THE SUB INSPECTOR OF POLICE KOPPAMPATTI POLICE STATION, KOPPAMPATTI, THOOTHUKUDI DT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.PETHU RAJESH Advocate SR.No.34130

ORDER

IN CRL OP(MD) No.11808 of 2015 Date :26/06/2015 PA/IV/01.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/