Veerapandian v. State Rep By Inspector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15385 of 2015 VEERAPANDIAN ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY STATE REP BY INSPECTOR OF SOOLAKARAI POLICE STATION, VIRUDHUNAGAR COLLECTRATE COMPOUND, VIRUDHUNAGAR DISTRICT.

(CRIME NO. 219/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SUBASH BABU Advocate For Respondent : MRS.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.2, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 506(i) of I.P.C. and Section 4 of Tamil Nadu prohibition of Women Harassment Act in Crime No.219 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The prosecution case is that one Subramania Iyar and the father of the de-facto complainant are friends and the said Subramania Iyar purchased 17 cents from his father and after the demise of his father and the purchaser, the de-facto complainant has been in possession and enjoyment of the property. While so, the accused have removed the boundary stones and trespassed into his property.

3. The learned Counsel for the petitioner submitted that after the demise of the original owner viz., Subramania Iyar, his daughter sold the property to the first accused on 04.05.2015 and on 13.05.2015, a patta was also transferred in his name. It is further submitted that the complaint was given with an ulterior motive and the accused are innocent persons in this case. The learned counsel for the petitioner further submitted that when the petition was pending enquiry, the first accused moved an application for anticipatory bail in Crl.O.P.(MD) No. 13410 of 2015 and when the application is pending consideration, he was arrested and this Court converted the anticipatory bail petition is bail petition and granted bail to the first accused.

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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 petitioner with certain conditions. 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.11, Virudhunagar and on his 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. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. 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/- 10/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.11, VIRUDHUNAGAR.

2. THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR.

3. STATE REP BY INSPECTOR OF SOOLAKARAI POLICE STATION, VIRUDHUNAGAR COLLECTRATE COMPOUND, VIRUDHUNAGAR DISTRICT.

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

1CC to M/S.M.SUBASH BABU Advocate SR.No. 45486

ORDER

IN CRL OP(MD) No.15385 of 2015 Date :10/08/2015 2P/6C AM/IV/SAR-1/13.08.2015.

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