Pothu@Perumal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16036 of 2015 1 POTHU@PERUMAL 2 PREMA 3 NATCHAMMAL 4 KODEESHWARI ... PETITIONERS / ACCUSED 1-4 Vs THE STATE THORUGH THE INSPECTOR OF POLICE KEELAVALAVU POLICE STATION, MELUR,MADURAI DISTRICT CR.NO.330 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SELVENDRAN 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 A1 to A4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 435, 427, 294(b), 323 and 506(i) of IPC, in Crime No.

330 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that due to previous enmity, there was a wordy altercation between the accused and the de-facto complainant, in which the accused set fire to the thatched tent of the de-facto complainant, which was used as mattutholuvam and also threatened the defacto complainant with dire consequences. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The learned counsel further submitted that originally, the property, which was used as mattutholuvam is owned by the first petitioner, by a registered sale deed in document No.

6905 of 1978 and that the de-facto complainant attempted to occupy the said property, but he failed in his attempt and due to which, this false complaint case was given against the petitioners.

4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners 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, Melur 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 first petitioner shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation and the petitioners 2 to 4 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/- 19/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE,MELUR 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE KEELAVALAVU POLICE STATION, MELUR,MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.SELVENDRAN Advocate SR.No.47637 sm:AMF:SAR I:24.8.2015:2P/6C

ORDER

IN CRL OP(MD) No.16036 of 2015 Date :19/08/2015 https://hcservices.ecourts.gov.in/hcservices/