Balachandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6479 of 2015 1 BALACHANDRAN 2 RASU@SINGARASU ... PETITIONERS / ACCUSED 2 & 5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE AVANIAPURAM POLICE STATION, MADURAI CITY, (CRIME NO.412/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.D.RAMESHKUMAR Advocate For Respondent : MR.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 accused Nos.2 and 5, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 506(ii) of I.P.C. r/w. Section 3 of TNPPDL Act in Crime No.412 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that on 31.03.2015, the accused had damaged the compound wall belonging to the de-facto complainant worth about Rs.2 lakhs.

3. The learned counsel for the petitioners submitted that the defacto complainant had encroached the pathway to the extent of 15 feet and the public have damaged the wall. It is further submitted that the first petitioner is the site engineer and the second petitioner is the mason working under the first petitioner and they have nothing to do with the alleged occurrence.

4. The learned Government Advocate (Crl.side) submitted that the accused caused damage of the compound wall worth about Rs.2 lakhs and the accused are still absconding.

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 No.VI, Madurai 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 10.00 a.m. until further orders. https://hcservices.ecourts.gov.in/hcservices/

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/- 09/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.VI,MADURAI.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE AVANIAPURAM POLICE STATION, MADURAI CITY.

+1. CC to M/S.D.RAMESHKUMAR Advocate SR.No.17905

ORDER

IN CRL OP(MD) No.6479 of 2015 Date :09/04/2015 RG.15/04/2015 2P/6C.

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