Madras High CourtCRL OP(MD)/15985/2015allowed

A. Xavier Joseph Prabu@Joseph v. The Inspector Of Police

2015-08-18Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15985 of 2015 1 A. XAVIER JOSEPH PRABU @ JOSEPH PRABU 2 A. DASS 3 T. SAVARIRAJ 4 LAZER ... PETITIONERS/ACCUSED(RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO. 257 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.SURIYANARAYANAN 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 petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 447, 294(b), 427, 323 and 506(i) of IPC, in Crime No.257 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.According to the defacto complainant, the land in Survey No.1282/1, Sevugampatti Village belongs to her and she has fenced the land. While so, on 13.08.2015, the accused have damaged the fencing and also trespassed into the property and scolded her in filthy language.

3. The learned counsel for the petitioners submitted that the land in dispute was classified as Natham Poramboke. The relative of the petitioners 2 to 4 is running a Government Aided School, where the first petitioner was working as a teacher.

4.The learned counsel for the petitioners further submitted that in respect of title over the property, a Civil Suit was pending and the writ petition in W.P(MD)No.12375 of 2015 has been filed challenging the https://hcservices.ecourts.gov.in/hcservices/ patta issued in the name of the defacto complainant.

5.The learned Government Advocate (Crl.side) submitted that the defacto complainant is the Senior Citizen and the accused by fabricating documents, unlawfully trespassed into the property and also caused damage to the fencing.

6.Considering the nature of allegations made against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Nilakottai 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 daily evening at 06.00 p.m., until further orders. 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/- 18/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,NILAKKOTTAI.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE PATTIVEERANPATTI POLICE STATION,DINDIGUL DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.R.SURIYANARAYANAN Advocate SR.No.47513

ORDER

IN CRL OP(MD) No.15985 of 2015 Date :18/08/2015 PA/PRV/SAR-I/21.08.2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/