Pitchai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.22644 of 2016 1 PITCHAI 2 MEENAKSHI SUNDARAM ... PETITIONERS / ACCUSED NO.1 & 3 Vs THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, NAINARKOVIL, RAMNAD DISTRICT, CR NO. 204 OF 2016.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.SENTHIL 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 petitioners, who apprehend arrest at the hands of the respondent Police for the alleged offence punishable under Section 379 of IPC in Crime No.204 of 2016 on the file of the respondent Police, seek anticipatory bail.

2.Heard the learned counsel on either side.

3.The case of the prosecution is that the petitioners along with the other accused cut and removed the Tamarind Trees worth about Rs.20,000/-.

4.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and prays for anticipatory bail in favour of the petitioners.

5.The learned Government Advocate (Crl.side) submitted that the Village Administrative Officer of A.Katchan village is the defacto complainant in this case and as per the complaint, the petitioners along with other accused cut and removed the Tamarind Trees worth about Rs.20,000/-.

6.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of https://hcservices.ecourts.gov.in/hcservices/

fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi on condition that the petitioners shall execute a separate 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] Each of the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Crime No.204 of 2016 before the learned Judicial Magistrate, Paramakudi; [b] the petitioners shall report before the respondent Police daily at 10:30 a.m., until further orders.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 30/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE PARAMAKUDI.

2 -DO THROUGHTHE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, NAINARKOVIL, RAMNAD DISTRICT, 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.SENTHIL Advocate SR.No.75049 ORDER IN CRL OP(MD) No.22644 of 2016 Date :30/11/2016 ANR/SK-SKN/SAR3/05.12.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/