P.Sivasankaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice V.S.RAVI CRL OP(MD) No.9253 of 2015 P.SIVASANKARAN ... PETITIONER/ACCUSED No.1 Vs STATE REP BY THE INSPECTOR OF POLICE SESSIONS COURT POLICE STATION, TRICHY DIST.

CRIME NO. 123 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SUBASH BABU 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 :- This is an application filed by the petitioner to grant anticipatory bail. The petitioner, who is arrayed as A1 apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294(b), 506(ii) of IPC in Crime No.123 of 2015 on the file of the respondent Police and hence, seeks anticipatory bail.

2.It is stated in the petition that due to some property dispute between the de facto complainant, the petitioner and the other accused, the de facto complainant has given a complaint before the respondent Police on 18.04.2007. Further, it is stated in the petition that the petitioner has filed a declaration suit in O.S.No.584 of 2009 before the Sub Court, Trichy and the same has been decreed in favour of the petitioner and due to the said motive, the de facto complainant has preferred the present compliant against the petitioner. Further more, it is pointed out in the petition that the occurrence took place on 14.10.2014, however, the complaint has been preferred only after a lapse of 7 months and hence, the allegations are concocted one.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the State and also perused the materials on record.

4.The learned Government Advocate (Crl.side), on instructions from the respondent Police, has submitted that no one is injured and hence, stringent condition may be imposed if anticipatory bail is granted to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 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 No.II, Trichy, 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 am 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/- 21/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TRICHY 2 THE CHIEF JUDICIAL MAGISTRATE,TRICHY 3 THE INSPECTOR OF POLICE, SESSIONS COURT POLICE STATION, TRICHY DIST.

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

+1. CC to M/S.M.SUBASH BABU Advocate SR.No.26295

ORDER

IN CRL OP(MD) No.9253 of 2015 Date :21/05/2015 AA/26.05.2015/2p - 6c/ https://hcservices.ecourts.gov.in/hcservices/