S.Muthaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD) No.8938 of 2017 S.MUTHAIAH ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO. 42/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU 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 arrayed as sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 506(ii) I.P.C., r/w Section 3(1) of TNPPDL Act in Crime No.42 of 2017 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that due to civil dispute, the petitioner threatened the defacto complainant with dire consequences and damaged the boundary stones and caused loss to the defacto complainant.

3.The learned counsel for the petitioner submitted that the petitioner is the owner of the disputed land, but defacto complainant obtained patta fraudulently for the above said land and the same was also cancelled by the Revenue Divisional Officer. Hence, the defacto complainant has lodged a false complaint against the petitioner.

4.The learned Additional Public Prosecutor submitted that investigation is pending.

https://hcservices.ecourts.gov.in/hcservices/ 5.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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Kovilpatti, on condition that the petitioner shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.

(iv) 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/- 17/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI, TUTICORIN DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE INSPECTOR OF POLICE KAYATHAR POLICE STATION,THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.26643 PS CSL/CM-MSA/SAR-I/20.07.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.8938 of 2017 Date :17/07/2017 https://hcservices.ecourts.gov.in/hcservices/