Madras High CourtCRL OP(MD)/14619/2018dismissed

Selvakumar v. The Inspector Of Police

2018-10-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14619 of 2018 and CRL MP(MD) No.8453 of 2018 1 SELVAKUMAR 2 THANKARAJ PANDIYAN 3 PANIMEGA MATHA 4 SUBRAMANIATHAI ... PETITIONERS/ACCUSED(2 to 5) Vs THE STATE OF TAMILNADU, REPRESENTED BY, THE INSPECTOR OF POLICE CHOKKAMPATTI POLICE STATION, TIRUNELVELI DISTRICT.

IN CRIME NO.32/2018 ... RESPONDENT/COMPLAINANT VALANGAIYA PANDIAN ... PETITIONER/INTERVENER IN CRL MP(MD)No.8453/2018 For Petitioners : MR.N.KAMESH,Advocate For Respondent : MR.ASOKAN, Government Advocate(Crl.Side) For Intervener : MR.T.S.R.VENKATARAMANA, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 448, 294(b), 352, 506(ii) I.P.C and Section 3 of Tamil Nadu Public Property (Prevention of Damages & Loss) Act, in Crime No.32 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the petitioners and the defacto complainant hail from the very same village. On 30.01.2018, the petitioners entered into an agriculture farm of the defacto complainant, while he was working in the farm, the petitioners attempted to attack the defacto complainant with sickle and stick, after that they cut the teak, lemon and mango trees. Hence, the complaint.

https://hcservices.ecourts.gov.in/hcservices/

3.Heard the learned counsel for the intervener. 4.The learned Government Advocate (Crl.Side) would submit that the investigation is pending.

5.Taking note of the facts and circumstances, 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, Tenkasi 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 as and when required for interrogation. 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/- 25/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

+1. CC to MR.N.KAMESH, Advocate SR.No.20374 ORDER IN CRL OP(MD) No.14619 of 2018 and CRL MP(MD) No.8453 of 2018 Date :25/10/2018 MSA PK/RR/SAR-1/01.11.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/