Rajesh Darwin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of July Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.13262 of 2015 1 RAJESH DARWIN 2 RAMESH DARWIN 3 VINCENT 4 RAJAMANI ... PETITIONERS/1 to 4 ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, KANYAKUMARAI DISTRICT.

CRIME NO.439/15, U/S.143,452,427, 294(B),506(I),R/W34 IPC ... RESPONDENT/COMPLAINANT For Petitioner : M/S.KR.SINGARAVADIVEL 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 A1 to A4 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 143, 452, 427, 294(b), 506(i) IPC r/w. Section 34 of IPC, in Crime No.439 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to property dispute, on 31.01.2014 the accused entered into the house of the de-facto complainant without his permission and damaged the compound wall worth about Rs.3,000/-.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in the alleged occurrence, no one has sustained any injury.

5.Considering the facts and circumstances of the case and also considering the fact that in the alleged occurrence, no one has sustained any injury, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Padmanabapuram and on each of them 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 https://hcservices.ecourts.gov.in/hcservices/

further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.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/- 23/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, PADMANABAPURAM.

2. THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMAR AT NAGERCOIL.

3. THE INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, KANYAKUMARAI DISTRICT.

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

+1. CC to M/S.KR.SINGARAVADIVEL Advocate SR.No.40653.

ORDER

IN CRL OP(MD) No.13262 of 2015 Date :23/07/2015 2P/6C RPB/AMF/SAR-I 29.07.2015 https://hcservices.ecourts.gov.in/hcservices/