Sevanthi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4805 of 2018 1 SEVANTHI 2 RAJAMANI 3 CHINNAMMAL ... PETITIONERS / ACCUSED NOS.4 TO 6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE VAIYAMPATTI POLICE STATION, TRICHY DISTRICT (IN CR.NO. 41 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.P.GANAPATHI SUBRAMANIAN Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 434, 447 and 506(ii) IPC in Crime No.
41 of 2018 on the file of the respondent police, seek anticipatory bail. 2.A civil suit was filed by the defacto complainant before the learned District Munsif Court, Manaparai in O.S.No.32 of 2000 for partition. Pursuant to the filing of said suit, he got delivery of the property with the help of the revenue and police officials on 01.03.2018 and fenced the property. Thereafter, the petitioners herein trespassed into the land in question and removed the cement slabs and also threatened the defacto complainant and others with dire consequences.
3.The learned counsel appearing for the petitioners submitted that the petitioners were nothing to do with the alleged offences and that the earlier anticipatory bail application filed by them before this Court was dismissed as not pressed on 14.03.2018. Therefore, he wanted this Court to grant relief in favour of the petitioners.
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4.The learned Government Advocate (Crl.side) appearing for the State submitted that there was no previous case pending against the petitioners and none has been injured in this case. 5.Considering the facts and circumstances of the case, 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, Manaparai, Trichy District and on their 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 conditions stipulated under Section 438 Cr.P.C. Scrupulously. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.
sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, MANAPARAI, TRICHY DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE VAIYAMPATTI POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No.5319 +1cc to MR.A.ANANDARAJ, Advocate in SR.No. 5190 SKM GJM/PN/SAR-I-6.4.18-2P-7C
ORDER
IN CRL OP(MD) No.4805 of 2018 Date :02/04/2018 https://hcservices.ecourts.gov.in/hcservices/