Sheik Uthuman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16188 of 2018 SHEIK UTHUMAN ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE TENKASI POLICE STATION, TIRUNELVELI DISTRICT CRIME NO.128/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.JEGAN Advocate For Respondent : MRS.M. ANANTHA DEVI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 547 and 380 I.P.C, in Crime No.128 of 2018, seeks anticipatory bail. 2.

The case of the prosecution is that the the defacto complainant is the tenant under the petitioner. The petitioner asked the defacto complainant to vacate the shop, due to the same, the defacto complainant lodged a complaint before the respondent police. Thereafter, a civil case in O.S.No.330 of 2017 was filed before the learned District Munsif, Tenkasi and the same is pending till date. While so, on 19.02.2018, the petitioner along with his henchmen threatened the defacto complainant to vacate the shop. Thereafter, on 03.03.2018, the petitioner looted the properties belongs to the defacto complainant to the tune of Rs.4,00,000/-. Hence the complaint.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

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4.Taking note of the facts and circumstances, 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, Tenkasi 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 further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 10/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE TENKASI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE TENKASI POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.16188 of 2018 Date :10/09/2018 MSI/PN/SAR-II/19.09.2018-2P/5C https://hcservices.ecourts.gov.in/hcservices/