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Madras High CourtCRL OP(MD)/14039/2018allowed

Sakthi @ Sakthivel v. The Inspector Of Police,

2018-08-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Eleventh day of August Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14039 of 2018 1.SAKTHI @ SAKTHIVEL 2.VETRI @ VETRIVEL ... PETITIONERS / ACCUSED NO.1 & 2 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, MADUKKUR POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.140/2018 ... RESPONDENT / COMPLAINANT For Petitioner : B.Kathirvelu, Senior Counsel for Mr.K.PRABHU, Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor. 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 352, 436, 448 and 379 I.P.C. Crime No.140 of 2018, seek anticipatory bail. 2.The case of the prosecution is that on 29.07.2018 at about 1.30 mid-night hours, the petitioners trespassed into the defacto complainant's house and damaged the fridge, Washing Machine and also looted 15 sovereigns of gold and Rs.50,000/-. Further, they set out fire on his house. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that on the same days at about 12.30 a.m the defacto complainant and his group had wrongly entered into the petitioners' house and damaged their Bolero Car, Auto, Motor Cycle, Chairs, lights and parts of the machineries materials to the tune of Rs.3,00,000/-. Therefore, they lodged a complaint and the same was registered in Crime No.139 of 2018 by the same respondent police and it is pending. It is seen that it is case of case in counter. https://hcservices.ecourts.gov.in/hcservices/

4. Heard the learned Additional Public Prosecutor appearing for the respondent.

5.Taking note of all these aspects, 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, Pattukottai, Thanjavur District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 conditions 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 shall stand dismissed.

sd/- 11/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3.THE INSPECTOR OF POLICE, MADUKKUR POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.K.PRABHU, Advocate, SR.No.15391.

ORDER

IN CRL OP(MD) No.14039 of 2018 Date :11/08/2018 msa RAM/PN/SAR 4/14.08.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/