Kumar Thevar @ Ayyavu Thevar 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.15271 of 2015 KUMAR THEVAR @ AYYAVU THEVAR ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE, SAPTUR POLICE STATION, MADURAI DISTRICT.
CRIME NO.103/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SOLAISAMY 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 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 447, 294 (b), 506(i) and 379(NP) 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 is a lessee for the property for 15 years and when the lease is in existence, the accused have trespassed into the property and attempted to take possession illegally.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case.
4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner has no bad antecedents.
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 District Munsif cum Judicial Magistrate, Peraiyur 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 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. https://hcservices.ecourts.gov.in/hcservices/
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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAIYUR. 2.
-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3. THE INSPECTOR OF POLICE, SAPTUR POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.SOLAISAMY Advocate SR.No. 45138 SR : 11.08.2015 : 2P/6C
ORDER
IN CRL OP(MD) No.15271 of 2015 Date :06/08/2015 https://hcservices.ecourts.gov.in/hcservices/