Madras High CourtCRL OP(MD)/17157/2016ordered

Jeganathan, v. The Inspector Of Police,

2016-09-14Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17157 of 2016 JEGANATHAN ... PETITIONER/ACCUSED NO.I Vs STATE REP.BY , THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, TRICHY DISTRICT CRIME NO. 177 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SUBASH BABU Advocate For Respondent : MR.K.V.RAJARAJAN, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/A1, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offence punishable under Section 3(i) TNPPDL Act r/w Section 427 IPC in Crime No.177 of 2016 on the file of the respondent police.

2. The case of the prosecution is that banana crops of defacto complainant ripened earlier since the petitioner and another put poisonous injection to 2000 banana crops.

3. Learned Government Advocate (Crl. Side) submits that defacto complainant suffered a loss to the tune of Rs.4,40,000/- due to the act of the accused.

4. Learned counsel for petitioner submitted that petitioner is Ex-Panchayat President and due to political motive he has been falsely implicated in this case.

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, Musiri 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 https://hcservices.ecourts.gov.in/hcservices/

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 be available for interrogation by the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required.

sd/- 14/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,MUSIRI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.SUBASH BABU Advocate SR.No.52504 SJ CSL/CK/SAR-III/19.09.2016: 2P/6C

ORDER

IN CRL OP(MD) No.17157 of 2016 Date :14/09/2016 https://hcservices.ecourts.gov.in/hcservices/