S. Paulraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7410 of 2015 1 S. PAULRAJ 2 S. SENTHILKUMAR 3 A. MURUGAN 4 S. SELVAM 5 S. ARUMUGAM 6 K. JEYARAJ ... PETITIONERS / ACCUSED NO.2 TO 5,10 AND 11 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SERNTHAMARAM POLICE STATION, TIRUNELVELI DT, CRIME NO.108/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.LAJAPATHI ROY 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 A5, A10 and A11, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 294(b) and Section 3 of TNPPDL Act r/w Section 34 of I.P.C in Crime No.108 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the first accused in this case was running a hotel in the land belonging to the panchayat and he was evicted and due to which, the petitioners have damaged the bore well dug by the panchayat causing loss of Rs.50,000/-. 3.The learned counsel for the petitioners submitted that there was a dispute between the President of the Panchayat and the first accused and hence, he had sent complaints about the President of the panchayat to the higher authorities. It is further submitted that President of the panchayat had also demolished the Hotel run by the first accused. The learned counsel further submitted that the petitioner are innocents and they have not committed any offence.

4.The learned Government Advocate (Crl.side) submitted that the accused have conspired together and caused damage of the public bore well. 5.Considering the submissions made by both sides, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Tenkasi, Tirunelveli District, and on each 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. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7.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/- 21/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISRATE, TENKASI, TIRUNELVELI DISTRICT. 2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE SERNTHAMARAM POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S.T.LAJAPATHI ROY Advocate SR.No.20951

ORDER

IN CRL OP(MD) No.7410 of 2015 Date :21/04/2015 rg.23.04.2015 2p/6c.

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