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Madras High CourtCRL OP(MD)/7063/2015allowed

Subbaiah, (M/35 Years Old), v. The Inspector Of Police,

2015-04-16Honourable Mr Justice K. Kalyanasundaram2 pages

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.7063 of 2015 1 SUBBAIAH 2 PICHAIAH 3 KANNAN ... PETITIONERS/ACCUSED NO.2 to 4 Vs STATE REP.BY THE INSPECTOR OF POLICE, COURTRALAM POLICE STATION, IN CRIME NO.475/2014 TIRUNELVELI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.MEENALPANDIAN 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 A2 to A4, apprehend arrest at the hands of the respondent Police for the alleged offences punishable under Sections 447, 294(b), 506(ii) of IPC and Section 3 of TNPPDL Act, in Crime No.475 of 2014 on the file of the respondent Police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to previous motive, the accused trespassed into the de facto complainant's property and damaged the live fencing worth of Rs.10,000/-.

3.The learned counsel for the petitioner submitted that the petitioners 1 and 2 are sons and the 3rd petitioner is the son-in-law of the first accused. It is further submitted that the first accused was arrested and released on bail and the petitioners have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that the petitioners have damaged the live https://hcservices.ecourts.gov.in/hcservices/ fencing of the de facto complainant worth of Rs.10,000/-.

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, Sengottai, 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 am for a period of two weeks and thereafter, as and when required. 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.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SENGOTTAI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI. 3 THE INSPECTOR OF POLICE, COURTRALAM POLICE STATION, TIRUNELVELI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.M.MEENALPANDIAN Advocate SR.No.19663

ORDER

IN CRL OP(MD) No.7063 of 2015 Date :16/04/2015 PA/20.04.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/