P. Duraipandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15507 of 2015 1 P. DURAIPANDIAN 2 D. JOTHI RANGANAYAKI 3 DURAIPANDI 4 KUMARESAN ... PETITIONERS/ACCUSED NOS.1 TO 4 Vs STATE THROUGH THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT (CRIME NO. 442 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S N.SUBASH BABU 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 petitioners, who are arrayed as A1 to A4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 324, 147, 148, 452 and 506(ii) of I.P.C., in Crime No.442 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.According to the de-facto complainant, he is the absolute owner of the property in dispute and the accused have trespassed and threatened him with dire consequences.

3.The learned counsel for the petitioners submitted that the de-facto complainant is none other than the brother of the first accused and in respect of the property in dispute, the first petitioner has already filed a suit before the Sub-Court, Ramanathapuram in O.S.No.77 of 1995 and the same was decreed on 04.01.1996.

4.The learned Government Advocate (Crl.side) would submit that the injured had discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that the injured had discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Manamadurai and on each of them 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners 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/- 11/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, MANAMADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT +1. CC to M/S N.SUBASH BABU Advocate SR.No.45752 RL/6 C- 12/8/2015

ORDER

IN CRL OP(MD) No.15507 of 2015 Date :11/08/2015 https://hcservices.ecourts.gov.in/hcservices/