Sivabharath, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11877 of 2016 SIVABHARATH ... PETITIONERS/ACCUSED ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, KUDANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.120 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.RAJESHKUMAR 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 sole accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 447 and 436 IPC, in Crime No.120 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 04.07.2016, the accused trespassed into the house of the de facto complainant and set fire and damaged two bikes to the tune of Rs.90,000/-. On complaint case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned counsel for the petitioner submitted that the petitioner is willing to deposit a sum of Rs.50,000/- to the credit of Crime No.120 of 2016 before the learned Judicial Magistrate, Vallioor, Tirunelveli District.

5.The learned Government Advocate (Criminal side) submitted that the petitioner trespassed into the house of the de facto complainant and set fire and damaged two bikes to the tune of Rs.90,000/-. Investigation is pending.

6.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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vallioor, Tirunelveli https://hcservices.ecourts.gov.in/hcservices/

District, on condition that the petitioner shall deposit a sum of Rs.50,000/- (Rupees fifth thousand only) to the credit of Crime No.120 of 2016 before the learned Judicial Magistrate, Vallioor, Tirunelveli District and he shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall report before the respondent Police daily at 10.00 a.m. until further orders. (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.

(iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

7.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 18/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,VALLIYOOR, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE,KUDANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.RAJESHKUMAR Advocate SR.No.37544 SMN CSL/ARK-PV/SAR-I/20.07.2016 : 2P/6C

ORDER

IN CRL OP(MD) No.11877 of 2016 Date :18/07/2016 https://hcservices.ecourts.gov.in/hcservices/