Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9861 of 2016 1 MURUGAN 2 G. ANANDA KUMAR 3 S. RAJA SANKAR ... PETITIONERS/ACCUSED 1TO 3 Vs STATE REB.BY THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

(IN CR.NO. 375 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S G.MARIMUTHU Advocate For Respondent : M/S.P.KANNITHEVAN Govt. Advocate ( Crl. Side) For Intervenor : MR.S.VENKATESH, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos1 to 3, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 447, 294(b), 506(ii), 109 of IPC and Section 4 of Tamil Nadu Property (Prevention of Damage & Loss) Act, in Crime No.375 of 2016, on the file of the respondent police and hence, seek anticipatory bail. 2.

The case of the prosecution is that the petitioners along with other accused damaged the compound Wall constructed by the defacto complainant and the value of damage is worth Rs.15,000/-. On complaint, case has been registered for the above said offences. 3.The case of the petitioners is that the petitioners are innocent and they not committed any offence as alleged by the prosecution. There is a civil dispute is pending between the petitioners and the defacto complainant. The petitioners filed a suit in O.S.No.41 of 2016 and obtained an order of Interim Injunction.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioners submitted that

petitioners are ready and willing to deposit a sum of Rs.15,000/-. 5.Heard the learned Government Advocate (Crl.Side). 6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) to the credit of Crime No.375 of 2016, before the learned Judicial Magistrate, Rajapalayam on receipt of the same the petitioners are entitled to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Rajapalayam and on 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 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 22/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT. 3 THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1CC to M/S G.MARIMUTHU Advocate SR.No.32140 +1cc to Mr.S.Venkatesh, Advocate SR.No.32025

ORDER

IN CRL OP(MD) No.9861 of 2016 Date :22/06/2016 SDR/SK-SKN/SAR III/24.06.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/