Delfin Mary v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13853 of 2015 1 DELFIN MARY 2 SELVAN 3 YESUDHAS 4 LEELABAI ... PETITIONER(S) / ACCUSED 1 - 4 Vs STATE REP BY:: THE INSPECTOR OF POLICE PUDUKKADAI POLICE STATION, KANYAKUMARAI DISTRICT, CRIME NO.283 OF 2015 ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.S.SIVAKUMAR Advocate For Respondent : Mr.K.V.RAJARAJAN, Government 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, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 427, 448, 379(NP) and 506(ii) of I.P.C., in Crime No.283 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that there is a dispute between the land lord and tenant, due to which, the petitioners damaged the property of the de-facto complainant.

3.The learned counsel for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) would submit that it is a case of case and counter and the petitioners damaged the de-facto complainant's property to the tune of Rs.4,20,000/-. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

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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 No.II, Kuzhithurai 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 further condition that the petitioners 2 and 3 shall appear before the respondent police daily at 10.00 a.m., until further orders and the petitioners 1 and 4 as and when required. 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/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II,KUZHITHURAI 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE PUDUKKADAI POLICE STATION, KANYAKUMARAI DISTRICT, +1. CC to M/S.S.SIVAKUMAR Advocate SR.No.40237 DM 24 7 15 - 2p 6c ORDER IN CRL OP(MD) No.13853 of 2015 Date :22/07/2015 https://hcservices.ecourts.gov.in/hcservices/