P.Jebastine, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.11908 of 2017 P.JEBASTINE ... PETITIONER/ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY, THE INSPECTOR OF POLICE, ERUVADI POLICE STATION, TIRUNELVELI DISTRICT.
(CR.NO.221 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.T.RAMESH RAJA Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 430, 427 and 379 of I.P.C in crime No.221 of 2017, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner is said to have damaged the drinking water pipe and took the water connection illegally and thereafter, the said connection was disconnected by the defacto-complainant in this case.
3. The learned counsel appearing for the petitioner states that the petitioner is an innocent person and he has not committed any offence by the respondent police. He would further submit that on the date of occurrence, due to non-supply of drinking water, the entire village people agitated and demanded regular supply of water. During that time, because of huge crowd the public pipeline got damaged and there is enmity between the petitioner and respondent police, his name was falsely implicated in this case.
4. The learned Additional Public Prosecutor appearing for the respondent states that the case was registered against one named accused, who is the petitioner herein and four un named accused. He would further submit that the investigation is still pending. 5.Considering the facts and circumstances of the case this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/
released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Nanguneri 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 on further condition that the petitioner shall appear before the respondent police daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation on receipt of summons. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 12/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, ERUVADI POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.P.T.RAMESH RAJA Advocate SR.No.30526
ORDER
IN CRL OP(MD) No.11908 of 2017 Date :12/09/2017 PK/CM-MSA/SAR-2/15.09.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/