Ani@ Anilkumar v. The Inspector Of Polie

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17410 of 2015 ANI@ ANILKUMAR ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLIE KOLLANDODU POLICE STATION, KANYAKUMARI DISTRICT (IN CRIME NO.333 OF 2014) ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.J.ASSOCIATES 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 petitioner, who is arrayed as accused No.1, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of I.P.C., in Crime No.333 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the de-facto complainant, that on 17.12.2014, the accused have cut four sandal wood trees in his patta land.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case based on the confession of the co-accused. It is further submitted that the de-facto complainant is a ward councillor and due to political motive, he has been roped in this case.

4. The learned Government Advocate (Crl.side) submitted that the accused 2 and 3 were arrested and remanded to judicial custody and the petitioner has no bad antecedents.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District and on his 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. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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6. 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/- 15/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KUZHITHURAI, KANYAKUMARI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLIE, KOLLANDODU POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S K.J.ASSOCIATES Advocate SR.No.55321

ORDER

IN CRL OP(MD) No.17410 of 2015 Date :15/09/2015 CSL/AN-MP/SAR-I/22.09.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/