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Madras High CourtCRL OP(MD)/10803/2018granted

Sajith Babu v. The Inspector Of Police

2018-06-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10803 of 2018 1 SAJITH BABU 2 SATHEESH ... PETITIONERS / A1 & A2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, THIRUVATTAR, KANYAKUMARI DISTRICT , IN CRIME NO. 186 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.C.KISHORE Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 447, 294 (b), 506(ii) and 379 (NP) of I.P.C., in Crime No.186 of 2018, on the file of the respondent police and seeks anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent.

3.The allegation is that the petitioners had taken away two iron grill gates from the house of the de-facto complainant. It is seen that there is a civil dispute between the petitioners and the de-facto complainant and an order of injunction had been granted in favour of the petitioners on 14.06.2018. Hence, false implication cannot be ruled out.

4.Taking note of all the above facts, 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.II, Padmanabhapuram, Kanyakumari https://hcservices.ecourts.gov.in/hcservices/

District and executing a bond each 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 conditions stipulated under Section 438 Cr.P.C. Scrupulously.

5.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/- 29/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, PADMANABHAPURAM, KANYAKUMARI DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, THIRUVATTAR, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.C.KISHORE Advocate SR.No.11676 MR JAM/03/07/2018/ JC /GSR/ 2P-6C

ORDER

IN CRL OP(MD) No.10803 of 2018 Date :29/06/2018 https://hcservices.ecourts.gov.in/hcservices/