Chinnadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.4878 of 2015 1 CHINNADURAI 2 MANIVANNAN 3 KARUNAKARAN 4 ELAMARAN 5 VINAYAGASETHUPATHI ... PETITIONERS / ACCUSED NOS.1 TO 5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, THIRUCHITRAMBALAM POLICE STATION, THANJAVUR DISTRICT.

CRIME NO. 58 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.R.MURUGESAN, Advocate For Respondent : M/S.K.V.RAJARAJAN, 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 A1 to A5, apprehend arrest at the hands of the respondent Police for the alleged offences punishable under Sections 147, 424 and 379 of IPC in Crime No.58 of 2015 on the file of the respondent Police and hence, seek anticipatory bail.

2.The case of the prosecution is that the accused have cut and removed valuable trees from the land of the de facto complainant in Survey Nos.256, 257, 255 and 59.

3.The learned counsel for the petitioners submitted that the land in dispute belongs to the Government and the Executive Magistrate had initiated proceedings under Sections 145 Cr.P.C and both the parties are prevented from entering into the said property. Whileso, the de facto complainant moved an application for direction to register a case and this Court in Crl.O.P.(MD)No.370 of 2015 issued direction and based on the direction, the respondent Police https://hcservices.ecourts.gov.in/hcservices/ has registered a case.

4.Heard the learned Government Advocate (Crl.side) appearing for the respondent Police.

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, Pattukottai, and on each of them 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 daily at 10 a.m, until further orders. 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/- 16/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,THANJAVUR @ KUMBAKONAM. 3 THE INSPECTOR OF POLICE, THIRUCHITRAMBALAM POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.C.BHARATHI, Advocate SR.No.19237. ORDER IN CRL OP(MD) No.4878 of 2015 Date :16/04/2015 msm 20.04.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/