S.Geetha v. The Sub Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6556 of 2017 1 S.GEETHA 2 P.SARAVANAN 3 KANNAN 4 MATHIAZHAGAN ... PETITIONER/ACCUSED NO.1 TO 4 Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE, GOVERNMENT HOSPITAL POLICE STATION, TRICHY CITY, TRICHY.
CRIME NO. 455 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.SARAVANAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 to A4 in Crime No.455 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 427 and 506(ii) IPC and hence, seek anticipatory bail.
2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The learned counsel for the petitioners submitted that due to land dispute, the petitioners are alleged to have abused the defacto complainant in filthy language and also threatened him with dire consequences. The petitioners and the defacto complainant are neighbours. The petitioners are living in their property and there was a compound wall for more than 12 years between the land of the petitioners and the defacto complainant. While so, all of a sudden, the defacto complainant, who is an advocate, illegally demolished the said compound wall of the petitioners stating that it was an encroachment. Hence, the first petitioner lodged a complaint against the defacto complainant on 14.05.2017 and the same was registered in Crime No.452 of 2017. Seeking enlargement on anticipatory bail, the defacto complainant has filed anticipatory bail petition before this Court in Crl.O.P.(MD).No.6127 of 2017 and https://hcservices.ecourts.gov.in/hcservices/
this Court, by order dated 17.05.2017, granted anticipatory bail to the defacto complainant subject to the condition to deposit a sum of Rs.1 lakhs to the credit of the said crime number. As a counterblast to the said complaint, the present false complaint has been lodged by the defacto complainant.
4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that no one sustained injury in this case and that the investigation is pending.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.IV, Trichy and on each 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 petitioners shall appear before the respondent Police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners 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 shall stand dismissed.
sd/- 05/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.IV,TRICHY.
2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3 THE SUB INSPECTOR OF POLICE, GOVERNMENT HOSPITAL POLICE STATION,TRICHY CITY, TRICHY. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.B.SARAVANAN Advocate SR.No.23138
ORDER
IN CRL OP(MD) No.6556 of 2017 Date :05/06/2017 GCG CSL/PM-PN/SAR-I/08.06.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/