Madras High CourtCRL OP(MD)/15178/2015allowed

Kolappapillai, v. The Inspector Of Police,

2015-08-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15178 of 2015 KOLAPPAPILLAI ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, BOOTHAPANDY P.S., KANYAKUMARI DISTRICT.

(CR.NO. NOT KNOWN/15) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SURESHKUMAR Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A1, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 427, 447, 379(N) IPC, in Crime No.269 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the de-facto complainant the first accused has leased out the trust property to one Ravindaran and after his demise the Managing Trustee namely Kolappapillai trespassed into the property and caused damage.

3. The learned Counsel appearing for the petitioner submitted that after the death of the original lessee namely Ravindran one of the legal heirs wanted to surrender the lease and another legal heir wanted to extend the lease period that is also pending before the Trustee, and due to that the dispute, the complaint has been lodged against the petitioner.

4. It is submitted by the learned Government Advocate (Crl.side) that the investigation is going on.

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, Boothapandi, and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two https://hcservices.ecourts.gov.in/hcservices/

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 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/- 05/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, BOOTHAPANDI, 2.THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGARCOIL.

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

4.THE INSPECTOR OF POLICE, BOOTHAPANDY P.S., KANYAKUMARI DISTRICT.

+1. CC to M/S.S.SURESHKUMAR Advocate SR.No.44172

ORDER

IN CRL OP(MD) No.15178 of 2015 Date :05/08/2015 rg.07/08/2015 2p/6c.

https://hcservices.ecourts.gov.in/hcservices/