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Madras High CourtCRL OP(MD)/11488/2016granted

P. Muthurulen v. The Inspector Of Police

2016-07-13Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11488 of 2016 P. MUTHURULEN ... PETITIONER / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

(CR.NO. 284/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.A.ABDUL MUTHALIF Advocate For Respondent : MR.P.KANNITHEVAN, 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 accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 427 and 506(i) of IPC, in Crime No.284 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that due to the civil dispute, the petitioner and other accused trespassed into the land in question and damaged the boundary stone which was erected for fencing the land of the defacto complainant. On complaint, a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that due to civil dispute between the petitioner and other accused persons and the defacto complainant a false case has been registered against the petitioner and other accused and prays for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the investigation of the case is 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 released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Aruppukkottai, Virudhunagar District 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 https://hcservices.ecourts.gov.in/hcservices/

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.

6. 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/- 13/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT.

3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S M.A.ABDUL MUTHALIF Advocate SR.No. 36195.

ORDER

IN CRL OP(MD) No.11488 of 2016 Date :13/07/2016 AM/SK.SKN/SAR-I/15.07.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/