M. Hariharasudhan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16170 of 2015 M. HARIHARASUDHAN ... PETITIONER / ACCUSED Vs STATE REPRESENED BY THE SUB INSPECTOR OF POLICE (L&O) C-3, S.S.COLONY POLICE STATION, MADURAI.

(IN CRIME NO. 680/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.NATHEESH RAAJA 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, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294-B, 447 and 506(i) of I.P.C., and Section 3 of TNPPDL Act, in Crime No.680 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the de-facto complainant, he owns land and building in S.No.226/4c and he is having his office and the accused are running a hotel and violating law and therefore, he filed a writ petition in W.P.(MD).No.9182 of 2015 and when the writ petition is pending for consideration, on 24.07.2015 at 10.30 a.m., the accused have damaged his four wheeler bearing Registration No.TN58AF 1469, demanding withdrawal of writ petition and also threatened him with dire consequences.

3.The learned counsel for the petitioner submitted that the defacto complainant started constructing of his building, opposite the business place of the petitioner, without proper building approval and therefore, the petitioner has instituted a suit in O.S.No.783 of 2014 before the Principal District Munsif Court, Madurai and the learned Judge has also ordered status quo. When the status quo order was in force, the de-facto complainant has completed the construction and therefore, the petitioner has filed two https://hcservices.ecourts.gov.in/hcservices/

applications one for appointment of Advocate Commissioner and another one for mandatory injunction to demolish the building and at that juncture, on 24.07.2015, the de-facto complainant trespassed into shop of the petitioner and damaged the marbles and granite stones worth about Rs.3,50,000/- for which, a case was registered against the de-facto complainant in Crime No.680 of 2015. He would further submitted that the petitioner is an innocent and he has been falsely implicated in this case.

4The learned Government Advocate (Crl.side) would submit that the accused have damaged the wind screen of the car of the de-facto complainant worth about Rs.15,000/-.

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 Judicial Magistrate No.V, Madurai 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 condition stipulated under Section 438 Cr.P.C. scrupulously.

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/- 21/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.V, MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUB INSPECTOR OF POLICE(L&O) C-3, S.S.COLONY POLICE STATION,MADURAI.

+1. CC to M/S.S.NATHEESH RAAJA Advocate SR.No.48399 RL/6 C- 24/8/2015 ORDER IN CRL OP(MD) No.16170 of 2015 Date :21/08/2015 https://hcservices.ecourts.gov.in/hcservices/