Sunil, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14802 of 2015 SUNIL, ... PETITIONERS/SOLE ACCUSED Vs THE STATE REP.BY, INSPECTOR OF POLICE,PALUGAL POLICE STATION, KANYAKUMARI DISTRICT.

CR. NO.268/2014 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.S.C.HEROLD SINGH ADVOCATE FOR RESPONDENT : MRS.S.PRABHA,GOVERNMENT ADVOCATE (CRL.SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is a sole accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 436 IPC in Crime No.268 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the de-facto complainant, his Bajaj Auto bearing Registration No.TN-45-D-7723 caught fire which has been parked in front of the house of the accused .

3. The learned Counsel appearing for the petitioner submitted that even as per the complaint this is only an accidental fire and the case was thoroughly investigated and closed as 'Mistake of Fact' on 02.03.2015, and the action was dropped on 02.03.2015. Subsequently, the respondent has re-investigated the case and threatened the petitioner.

4.

It is submitted by the learned Government Advocate (Crl.side) that the alleged fire caused damage to the Auto of the de-facto complainant worth about Rs.1,00,000/- which is said to have been set fire by the accused on 14.10.2014.

5. Considering the submissions made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.1, Kuzhithurai, 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 https://hcservices.ecourts.gov.in/hcservices/

Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. 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/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.1, KUZHITHURAI.

2. THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT.

3. THE INSPECTOR OF POLICE, PALUGAL POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.S.C.HEROLD SINGH Advocate SR.No.43887 ORDER IN CRL OP(MD) No.14802 of 2015 Date :04/08/2015 2p/6c TE/AMF/SAR-II 06/08/2015 https://hcservices.ecourts.gov.in/hcservices/