Madras High CourtCRL OP(MD)/15186/2016ordered

Selvaraj v. The Deputy Superintendent Of

2016-09-27Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.15186 of 2016 SELVARAJ ...PETITIONER/RANK NOT KNOWN Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, PULIYANKUDI, TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE KADAYANALLUR POLICE STATION, KADAYANALLUR, TIRUNELVELI DISTRICT.

IN CRIME NO. 328 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.J.C.RATHINAVEL PANDIAN Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 379, 406, 447, 294(b), 506(ii) IPC in Crime No.328 of 2016 on the file of the respondent police.

2. The case of the prosecution is that the petitioner trespassed into property and created nuisance and defacto complainant and the petitioner are brothers.

3. Learned counsel for petitioner submits that a false complaint stands lodged against the petitioner.

4. Learned Government Advocate (Crl.Side) submits that after https://hcservices.ecourts.gov.in/hcservices/ filing of this petition, FIR has been registered.

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate, Tenkasi, Tirunelveli District, within 15 days from the date of receipt of a copy of the order, (i) the petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction;

(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioner shall appear before the respondent police daily at 10.30 a.m for two weeks and thereafter, as and when required for interrogation.

sd/- 27/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TENKASI,TIRUNELVELI DISTRICT. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI DISTRICT. 3 THE DEPUTY SUPERINTENDENT OF POLICE, PULIYANKUDI, TIRUNELVELI DISTRICT.

4 THE INSPECTOR OF POLICE, KADAYANALLUR POLICE STATION, KADAYANALLUR, TIRUNELVELI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.J.C.RATHINAVEL PANDIAN Advocate SR.No.56036.

ORDER

IN CRL OP(MD) No.15186 of 2016 Date :27/09/2016 AM/PV/SAR-I/30.09.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/