Paramasivam Pillai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5186 of 2018 1 PARAMASIVAM PILLAI 2 MAHESWARI 3 KRISHNAVENI 4 BALAKRISHNAN ... PETITIONERS / ACCUSED Nos.1 to4 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH (ALGCS), THENI DISTRICT , IN CR.NO. 11/2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.R.SURIYANARAYANAN Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 120 (b), 420, 465, 468, 471, 294(b) and 506(ii) of I.P.C., in Crime No.11 of 2018, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to land dispute between the defacto complainant and the petitioners and that the petitioners have abused the defacto complainant in filthy language and gave life threat to the defacto complainant. Hence, the case has been registered for the above said offences.

3. It is submitted by the learned counsel for the petitioners is that due to land dispute, the present complaint has been lodged as against the petitioners and that the petitioners are innocent persons and that they have not committed any offence and prays for anticipatory bail in favour of the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4. It is submitted by the learned Government Advocate (Criminal

side) that the custodial interrogation is not required in this case.

5. Considering the facts and circumstances of this 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 (Land Grabbing), Theni and executing a bond each of them for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 as and when required for interrogation. The petitioners shall comply with the conditions 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 shall stand dismissed.

sd/- 12/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE (LAND GRABBING), THENI DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH (ALGCS), THENI DISTRICT , 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.SURIYANARAYANAN Advocate SR.No.6026 KSA JAM/20/04/2018/ CSL /ASVM/ 2P-6C

ORDER

IN CRL OP(MD) No.5186 of 2018 Date :12/04/2018 https://hcservices.ecourts.gov.in/hcservices/