Thangavel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14181 of 2015 1 THANGAVEL 2 T. PAULPANDIAN 3 T. SHANTHA 4 PANDI @ A. NALKAMU KAMAYASAMY ..PETITIONERS/ ACCUSED 1 TO 4 Vs STATE REP.BY THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DISTRICT.

CRIME NO.104/2015 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.P.SIVACHANDRAN 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 4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 188, 353, 294(b) and 506(ii) of I.P.C., in Crime No.104 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the prosecution, while removing the encroachment by the Village Administrative Officer, the accused have prevented him from performing his official duty and also threatened him with dire consequences.

3. The learned counsel for the petitioners submitted that the petitioners have occupied the lands belong to Jamanithar and they have been in possession of the property. It is further submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. Heard the learned Government Advocate (Crl.side).

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 their arrest or on their appearance before the learned Judicial Magistrate No.II, Usilampatti, Madurai District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 1, 2 and 4 shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required and the third petitioner shall https://hcservices.ecourts.gov.in/hcservices/

appear before the respondent police as and when required. 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/- 24/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II USILAMPATTI, MADURAI DISTRICT.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI.

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

4 THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DISTRICT.

+1. CC to M/S.P.SIVACHANDRAN Advocate SR.No.41759 Akm/29.07.15 /2p-6c/

ORDER

IN CRL OP(MD) No.14181 of 2015 Date :24/07/2015 https://hcservices.ecourts.gov.in/hcservices/