Mahalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17420 of 2015 MAHALINGAM ... PETITIONER/ACCUSED NO.2 Vs STATE THROUGH THE INSPECTOR OF POLICE KELAVALAVU POLICE STATION, MELUR, MADURAI DISTRICT.

CR. NO.153 OF 2014 ... 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 petitioner, who is arrayed as A2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 447, 427, 379(NP) and 506(i) of IPC, in Crime No.153 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the accused had cut 10 Neem trees in the disputed property.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel further submitted that in respect of the disputed property, a suit was pending in O.S.No.183 of 2014 before the District Munsif Court, Melur. It is further submitted that A1 was already enlarged on anticipatory bail by this court in Crl.O.P(MD)No.13131 of 2014, dated 14.07.2014. 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 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, Melur 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 https://hcservices.ecourts.gov.in/hcservices/

on further condition that the petitioner shall appear before the respondent police daily at 06.00 p.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/- 08/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, MELUR.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE KELAVALAVU POLICE STATION, MELUR, MADURAI DISTRICT.

+1. CC to M/S M.SELVENDRAN Advocate SR.No.52765 Akm/10.09.2015 /2p-6c/

ORDER

IN CRL OP(MD) No.17420 of 2015 Date :08/09/2015 https://hcservices.ecourts.gov.in/hcservices/