Nasarkhan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.5650 of 2019 NASARKHAN ...PETITIONER / SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, THENI TOWN POLICE STATION, THENI POST, THENI DISTRICT.

Crime No.279 of 2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.NEELAMEGAM Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 506 (i) of IPC and Section 4 of TNPHW Act in Cr.No.279 of 2019, on the file of the respondent police, seeks anticipatory bail. 2.The defacto complainant is the landlord and the petitioner is the tenant. The case of the prosecution is that the defacto complainant requested the petitioner to vacate the premises, for which the petitioner abused the defacto complainant and threatened him with dire consequences. Hence the complaint 3.

The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent person. He would also submit that it is landlord and tenant dispute and he has to approach the competent civil court for eviction proceedings. 4.The learned Government Advocate(Crl.

5.Considering the facts and circumstances of the case and also considering the fact that it appears landlord and tenant dispute, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Theni on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 a.m until further orders; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial; (d)the petitioner shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 23/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THENI.

2.THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3.THE INSPECTOR OF POLICE, THENI TOWN POLICE STATION, THENI POST, THENI DISTRICT.

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

+1. CC to Mr.K.NEELAMEGAM Advocate SR.No.61904

ORDER

IN CRL OP(MD) No.5650 of 2019 Date :23/04/2019 TK/PN/SAR-3/26.04.2019/3P/6C