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Madras High CourtCRL OP(MD)/9216/2015ordered

Udayakumar v. The Inspector Of Police

2015-05-27Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of May Two Thousand Fifteen PRESENT THE HON`BLE MS.JUSTICE V.M.VELUMANI CRL OP(MD) No.9216 of 2015 1 UDAYAKUMAR 2 KANNAN ... PETITIONERS / ACCUSED 1 & 2 Vs THE INSPECTOR OF POLICE SURANDAI POLCE STATION, TIRUNELVELI DISTRICT, (CRIME NO.106 OF 2015). ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.VENKATESH Advocate For Respondent : MR.A.P.BALASUBRAMANI, 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 A1 and A2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 447, 294(b) and 506(ii) IPC r/w 3(1) of TNPPDL Act, in crime No.106 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that in view of the money dispute between the petitioners and the de-facto complainant, the petitioners and others have ended into the property and damaged the coconut trees belongs to the de-facto complainant.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocents and they have been falsely implicated in this case.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the co-accused/A3 and A4 were arrested and enlarged on bail.

5.Considering the facts and circumstances of the case and considering the fact that co-accused were already granted bail, this court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sengottai 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 Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. https://hcservices.ecourts.gov.in/hcservices/

6. 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/- 27/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE SENGOTTAI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE SURANDAI POLCE STATION, TIRUNELVELI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.VENKATESH Advocate SR.No.26451 Sm:28.05.2015:2P/6C

ORDER

IN CRL OP(MD) No.9216 of 2015 Date :27/05/2015 https://hcservices.ecourts.gov.in/hcservices/