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Madras High CourtCRL OP(MD)/9781/2016granted

Jawahar@Jawahar Anandraj v. The Inspector Of Police

2016-06-21Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9781 of 2016 JAWAHAR@JAWAHAR ANANDRAJ ... PETITIONER/ACCUSED RANK-2 Vs THE STATE REP BY THE INSPECTOR OF POLICE PERUMALPURAM POLICE STATION PALAYAMKOTTAI TIRUNELVELI DISTRICT (CRIME NO.217 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S M.M.MANIVELPANDIAN Advocate For Respondent : M/S.P.KANNITHEVAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 427 and 506(i) I.P.C., in Crime No.217 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with the other accused damaged the compound wall put up by the defacto complainant. On complaint, the case has been registered for the offences stated above.

3.The case of the petitioner is that he is innocent and he has not committed any offence as alleged by the prosecution. Due to civil dispute, the de-facto complainant has given the false complaint against him. The petitioner is ready and willing to deposit a sum of Rs.10,000/- to the credit of Crime No.217 of 2016 before the learned Judicial Magistrate Court No.I, Tirunelveli. A.1 was already granted anticipatory bail by this Court vide order dated 20.06.2016 made in Crl.O.P(MD)No.8485 of 2016 on the above said condition.

4.The learned Government Advocate (Criminal side) submitted that the petitioner along with other accused damaged the compound wall put up by the de-facto complainant.

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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 before the learned Judicial Magistrate No.I, Tirunelveli, 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 condition that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.217 of 2016 before the Judicial Magistrate Court No.I, Tirunelveli 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. 6.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/- 21/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE PERUMALPURAM POLICE STATION PALAYAMKOTTAI TIRUNELVELI DISTRICT +2. CCs to M/S M.M.MANIVELPANDIAN Advocate SR.No.31840 RL/7C/2P/DB/SARII/24/6/2016

ORDER

IN CRL OP(MD) No.9781 of 2016 Date :21/06/2016 https://hcservices.ecourts.gov.in/hcservices/