Madras High CourtCRL OP(MD)/4941/2017ordered

A.Sivachandran v. The Inspector Of Police

2017-04-24Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fourth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4941 of 2017 A.SIVACHANDRAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE OOMATCHIKULAM POLICE STATION, MADURAI DISTRICT CRIME NO. NOT KNOWN OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.LENIN KUMAR Advocate For Respondent : M/S.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 is arrayed as the fifth accused, in Crime No.80 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 447, 294(b), 506(1) IPC and Section 4 of The Prohibition of Harassment of Women Act, 2002 and hence, seeks anticipatory bail. After filing of this petition, case has been registered in Crime No.80 of 2017.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that due to dispute with regard to construction of compound wall, there was a quarrel and the accused abused with filthy language and attacked by hands and threatened with dire consequences.

4. The learned counsel appearing for the petitioner submitted that now the construction of compound wall has been stopped and they will work out their remedy before the competent civil court. 5.The learned Government Advocate(Crl.Side) appearing for the respondent on instructions submitted that as per the FIR, the petitioner tresspassed into his property and started construction by digging a hole.

6.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 https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.V, Madurai, and on his 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 as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.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/- 24/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI 2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE OOMATCHIKULAM POLICE STATION, MADURAI DISTRICT.

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

+1. CC TO M/S.T.LENIN KUMAR ADVOCATE SR.NO.20908

ORDER

IN CRL OP(MD) NO.4941 OF 2017 DATE :24/04/2017 AAM-PM PN/SAR 4/25.04.2017 2P 6c https://hcservices.ecourts.gov.in/hcservices/