Moorthy, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7746 of 2017 MOORTHY ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, OTTAPIDARAM POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.40 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.THIRUVADI KUMAR 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 petitioner, who is an Accused in Crime No.40 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 448, 294(b), 323,427, 355, 506(i) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.The case of the prosecution is that the petitioner had trespassed into the property of the defacto complainant and caused extensive damages to the cattle shed and hence, the present complaint has been lodged.

4.The learned Counsel appearing for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He further submit that Co-Accused in this case has been granted Anticipatory Bail in Crl.O.P.(MD)No.3677 of 2017 dated 28.03.2017 https://hcservices.ecourts.gov.in/hcservices/ 5.The learned Additional Public Prosecutor submits that the

investigation was going on.

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 released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Vilathikulam 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/- 22/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,VILATHIKULAM, THOOTHUKUDI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE INSPECTOR OF POLICE, OTTAPIDARAM POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.THIRUVADI KUMAR Advocate SR.No.24904 ARUL/GSP CSL/PM-PN/SAR-I/27.06.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.7746 of 2017 Date :22/06/2017 https://hcservices.ecourts.gov.in/hcservices/