S. Baskar v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.15225 of 2015 S. BASKAR ... PETITIONER/ACCUSED NO.5 Vs THE INSPECTOR OF POLICE, ERWADI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.103 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.SASIKUAMR Advocate For Respondent : M/S.S.PRABHA, 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 Accused No.5, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 468, 471, 294(b) and 506(ii) of the Indian Penal Code in Crime No.103 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant's father executed a settlement deed on 28.02.2012, thereby the defacto complainant and her sister became absolute owners of the property. While so, the petitioner along with other accused conspired together and attempted to grab the property of the defacto complainant and also scolded her with filthy language on 16.06.2016 and the accused have also threatened her with dire consequences.

3.The learned counsel for the petitioner submitted that after the settlement deed, patta was issued in favour of the defacto complainant and it was challenged by the first accused before the Revenue Divisional Officer, Cheranmahadevi and the petitioner is working as a broker and he is nothing to do with the rights claimed by the defacto complainant and the first accused over the property in dispute. 4.The learned Government Advocate (Criminal Side) submitted that the petitioner has no bad antecedents and they tried to create documents to grab the property of the defacto complainant and also threatened her. 5.Considering the facts and circumstances of the case, 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 arrest or on his appearance before the learned Judicial Magistrate, Nanguneri, Tirunelveli District and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for https://hcservices.ecourts.gov.in/hcservices/

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 for a period of two weeks and thereafter as and when required for interrogation. The petitioner shall comply with the conditions 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/- 06/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI

3. THE INSPECTOR OF POLICE, ERWADI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.V.SASIKUAMR Advocate SR.No. 44854 SR : 10.08.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.15225 of 2015 Date :06/08/2015 https://hcservices.ecourts.gov.in/hcservices/