Palanisamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17788 of 2015 1 PALANISAMY 2 ALAGAMMAL 3 GOPALAKRISHNAN ... PETITIONERS/ACCUSED NO. 1 TO 3 Vs STATE REP BY THE INSPECTOR OF POLICE THUVARAMKURICHI POLICE STATION, MARUNGAPURI TALUK, TRICHY DISTRICT.

(CRIME NO. 519 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S AN.RAMANATHAN 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 accused Nos.1 to 3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 353 and 294(b) of I.P.C., in Crime No.519 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the de-facto complainant, the Village Administrative Officer that on 05.09.2015, when he had gone to the place to measure the property of the petitioner, he was abused and prevented from discharging his official duty.

3. The learned counsel for the petitioners submitted that in respect of the dispute over the property, a civil suit in O.S.No.2 of 2008 is pending before the District Munsif Court, Manaparai and at the instigation of the opposite party, a false complaint was given against them.

4. The learned Government Advocate (Crl.side) submitted that there is no injury and a civil suit is pending before the competent Civil Court and the de-facto complainant was prevented by the accused to measure the property.

https://hcservices.ecourts.gov.in/hcservices/

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 their arrest or on their appearance before the learned Judicial Magistrate, Manapparai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with common surety for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 1 and 2 shall appear before the respondent police as and when required and the third 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. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 14/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,MANAPPARAI 2 THE CHIEF JUDICIAL MAGISTRATE,TRICHY 3 THE INSPECTOR OF POLICE THUVARAMKURICHI POLICE STATION, MARUNGAPURI TALUK,TRICHY DISTRICT.

4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S AN.RAMANATHAN Advocate SR.No.54492

ORDER

IN CRL OP(MD) No.17788 of 2015 Date :14/09/2015 AA/21.09.2015/2p-6c https://hcservices.ecourts.gov.in/hcservices/