Madras High CourtCRL OP(MD)/18002/2018ordered

R.Suresh v. The Inspector Of Police

2018-10-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18002 of 2018 1.R.SURESH 2.VIGNESH 3.ASHOK KUMAR ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE, CUMBUM SOUTH POLICE STATION, CUMBUM,THENI DISTRICT.

(CRIME NO.349/2018) ... RESPONDENT / COMPLAINANT For Petitioners : MR.K.NEELA MEGAM Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate ( Crl. Side) 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 109, 147, 427, 506(ii) I.P.C r/w 3(1) of TNPPDL Act, in Crime No.349 of 2018, seek anticipatory bail.

2.The case of the prosecution is that on 15.08.2018, one Venkatesh and Solairaj hired a JCB from the petitioners and they started demolishing the house, which is in dispute between the defacto complainant and when the same was questioned by the defacto complainant, the petitioners and other accused persons threatened the defacto complainant with dire consequences. Hence the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. Heard the learned Government Advocate (Criminal Side) appearing for the respondent.

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5. Considering the facts and circumstances of the case, 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, Uthamapalayam, Theni 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 petitioner shall appear before the respondent police daily at 10.30.am, for a period of two weeks, thereafter, 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/- 09/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THENI DISTIRCT.

3.THE INSPECTOR OF POLICE, CUMBUM SOUTH POLICE STATION CUMBUM,THENI DISTRICT.

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

+1. CC to MR.K.NEELA MEGAM Advocate SR.No.89466

ORDER

IN CRL OP(MD) No.18002 of 2018 Date :09/10/2018 das AE/RR/SAR1/12.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/