Nagu @ Nagasubramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22245 of 2018 NAGU @ NAGASUBRAMANIAN ... PETITIONER / SINGLE ACCUSED Vs STATE:

THE INSPECTOR OF POLICE, ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT.

(IN CRIME NO. 301 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.V.KANNAN Advocate For Respondent : Mr.S.CHNADRASEKAR,Additional Public Prosecutor 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 alleged offences punishable under Sections 430 and 379 of IPC and 3(1) of TNPPDL Act in Crime No.301 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner irrigating water from public Kanmaai to his agriculture field (Paddy Crops) with the help of Oil Motor Pump set without getting proper permission from the Revenue Authority. At that time, the petitioner has damaged the shore of Kanmaai. Hence, the complaint. 3.The learned counsel for the petitioner would submit that a false case has been foisted against him and he had nothing to do with the alleged offence.

4.The learned Government Advocate (Crl.side) would submit that the investigation is pending.

5.Taking into consideration the facts of the case and the submissions by learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ilayangudi on condition that https://hcservices.ecourts.gov.in/hcservices/

the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 17/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ILAYANKUDI.

2 THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI . 3 THE INSPECTOR OF POLICE ILAYANGUDI POLICE STATION, SIVAGANGAIDISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI.

+1. CC to MR.V.KANNAN Advocate SR.No.23491 PS/JC/SAR-4/20.12.2018/2P/6C

ORDER

IN CRL OP(MD) No.22245 of 2018 Date :17/12/2018 https://hcservices.ecourts.gov.in/hcservices/