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Madras High CourtCRL OP(MD)/8910/2016allowed

P. Periyanan v. The Inspector Of Police

2016-06-15Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.8910 of 2016 1 P. PERIYANAN 2 V. PONNUSAMY 3 K. VEERAPATHIRAN 4 P. VEERANANAN ... PETITIONERS/ACCUSED 1 TO 4 Vs STATE REP.BY ITS THE INSPECTOR OF POLICE ARUPPUKKOTTAI TOWN POLICE STATION, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT.

CRIME NO. 284 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.A.ABDUL MUTHALIF Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 4, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,427 and 506(i) of IPC, in Crime No.284 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that due to the civil dispute, the petitioners trespassed into the land in question and damaged the boundary stone which was erected for fencing the land. On complaint, a case has been registered against the petitioners.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that due to civil dispute between the petitioners and the defacto complainant a false case has been registered against the petitioners and prays for anticipatory bail in favour of the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that the investigation of the case 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 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, Aruppukkottai, Virudhunagar District and on each of them 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 daily at 10.00 a.m., until further orders. 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 stands dismissed.

sd/- 15/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, ARUPPUKKOTTAI TOWN POLICE STATION, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S M.A.ABDUL MUTHALIF Advocate SR.No.30460 TRP CSL/AAL-MPA/SAR-III/20.06.2016 : 2P/6C

ORDER

IN CRL OP(MD) No.8910 of 2016 Date :15/06/2016 https://hcservices.ecourts.gov.in/hcservices/