T. Mailammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.16206 of 2016 T. MAILAMMAL ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY , THE INSPECTOR OF POLICE CUDALORE NORTH POLICE STATION, CUDALORE, THENI DISTRICT.

CRIME NO. NOT KNOWN OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.PRABAKARAN Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 342, 294(b), 323 and 420 IPC in Crime No.260 of 2016 on the file of the respondent police, seeks anticipatory bail. 2.Heard the learned counsel on either side.

3.The learned counsel for the petitioner that the petitioner has not taken possession of property and the property is vested with the defacto complainant. He would further submit the petitioner will not disturb or try to acquire the said property.

4. The said submission made by the learned counsel for the petitioner is recorded.

5. Considering the facts and circumstances of the case and considering the submission of the learned counsel for the petitioner, I am inclined to grant anticipatory bail to the petitioner. 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, Uthamapalayam, Theni District, on condition that the petitioner shall execute a bond for https://hcservices.ecourts.gov.in/hcservices/

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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police daily at 10.00 a.m until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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]. sd/- 04/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, CUDALORE NORTH POLICE STATION, CUDALORE, THENI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.PRABAKARAN Advocate SR.No.66539 ar CSL/PV/SAR-I/14.11.2016: 2p/6c

ORDER

IN CRL OP(MD) No.16206 of 2016 Date :04/11/2016 https://hcservices.ecourts.gov.in/hcservices/