Ravibalan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12052 of 2016 RAVIBALAN ... PETITIONER / ACCUSED No.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, PALANI ADIVARAM POLICE STATION, PALANI, DINDIGUL DISTRICT.
(CR.NO.285/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S D.RAMESHKUMAR 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 No.1, apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 147,148,448,427,506(ii) and 379 (NP) of IPC in Crime No.285 of 2016, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant is the lessee of marriage hall for 15 years from 2011. He has taken a lease from owner, one Vidhya Sankar and others. He has spent Rupees Two Crores for renovation. The owners were making arrangements to sell the property even though the defacto complainant is lessee of the property for the 15 years and has spent Rupees Two Crores for renovation. While so, on 14.07.2016 at 2.30 am the petitioner and named and un named accused persons came to the marriage hall and attacked the Manger and Watchman and damaged the property and broke open the Bureau and taken a sum of Rs.1,00,000/- and took away the cellphone of Manager and Watchman. On complaint, a case has been registered against the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner is tenant and he entered a valid rental agreement with the owner of the property one Chandrasekar. Due to the demand of more rent, the petitioner filed O.S.No.105 of 2016 on the file of the Principal District Munsif, Palani. The said Chandraskar instigated the defacto complainant to give a false complaint against the petitioner. He further submitted that the petitioner is innocent https://hcservices.ecourts.gov.in/hcservices/
and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) submitted that the complaint has been given against the petitioner and the investigation of the case is in preliminary stage. He further submitted that if the petitioner is granted anticipatory bail, he will abscond and tamper the witness and hamper the investigation and prayed for dismissal of this petition.
5. Considering the serious nature of allegations levelled against the petitioner and the investigation of the case is in preliminary stage, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the Criminal Original Petition is dismissed. sd/- 27/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE, PALANI ADIVARAM POLICE STATION, PALANI, DINDIGUL DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
TRP JM/SKS-RR/SAR-III/01.08.2016/2P-3C
ORDER
IN CRL OP(MD) No.12052 of 2016 Date :27/07/2016 https://hcservices.ecourts.gov.in/hcservices/