M. Ansar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12039 of 2015 M. ANSAR ... PETITIONER/ ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI, IN CRIME NO. 275 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.M.A.JINNAH 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 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 447, 427, 379(NP) and 506(i) of I.P.C. in Crime No.275 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the accused had caused damage to the water pipeline of the defacto complainant to the tune of Rs.10,000/- and also threatened him with dire consequences.

3. The learned counsel for the petitioner submitted that the petitioner is a business man and he is running six hotels in Tirunelveli area and he is having dispute with his wife. The Assistant Commissioner of Police of Tirunelveli had acted as Mediator and pressurised the petitioner to pay compensation of Rs.1 Crore, to his wife, which was not accepted by the petitioner and thereafter at the instance of the Assistant Commissioner, the property of the petitioner was damaged, for which, the petitioner has filed a Writ Petition(MD)No.9197 of 2015 seeking compensation. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4. The learned Government Advocate(Crl. Side) on instructions submitted that the petitioner has damaged the property of the defacto complainant and he is also having one previous case. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail https://hcservices.ecourts.gov.in/hcservices/

in the event of arrest or on his appearance before the learned Judicial Magistrate No.V, Tirunelveli 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 appear before the learned Judicial Magistrate No.V, Tirunelveli daily at 10.30 a.m., until further orders. 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/- 30/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.V, TIRUNELVLEI. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI.

+1. CC to M/S.S.M.A.JINNAH Advocate SR.No.35055. TS/02.07.2015/2P -6C

ORDER

IN CRL OP(MD) No.12039 of 2015 Date :30/06/2015 https://hcservices.ecourts.gov.in/hcservices/