Madras High CourtCRL OP(MD)/7600/2015ordered

A.Stalin v. The Inspector Of Police

2015-04-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7600 of 2015 A.STALIN ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE CENTRAL POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.

CR.NO.202 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.BALAJI 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 petitioner, who is arrayed as sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 427, 294(b) and 506(ii) IPC in Crime No.202 of 2015 and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has damaged the property of the defacto complainant to the tune of Rs.3 lakhs and also threatened.

3. The learned counsel for the petitioner submitted that the petitioner is in possession and enjoyment of the property and the defacto complainant claims right over the property on the basis of the sale agreement. The issue is pending in S.A.No.7 of 2014 before this Court.

4.The learned Government Advocate(Crl.side) submitted that the petitioner has caused damage to the property and also abused the defacto complainant in filthy language.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the State and also https://hcservices.ecourts.gov.in/hcservices/ perused the entire materials available on record.

6. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Tuticorin, and on 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 10.00 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. The petitioner 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/- 22/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TUTICORIN.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN.

3 THE INSPECTOR OF POLICE CENTRAL POLICE STATION, TUTICORIN, TUTICORIN DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.S.BALAJI Advocate SR.No.21370

ORDER

IN CRL OP(MD) No.7600 of 2015 Date :22/04/2015 PA/23.04.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/