P.Chandrasekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN P.Chandrasekaran ... Petitioner/Accused No.1 Vs.

State Rep. By The Inspector of Police, Tiruchendur Taluk Police Station, Thoothukudi District.

(Cr.No.222 of 2022) ... Respondent/Complainant For Petitioner : Mr.D.S.Haroon Rasheed, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.222 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 427, 447, 506(i) of IPC r/w Section 4 of TNPWH Act, in Crime No.222 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to property dispute between the defacto complainant and one Linga, a civil suit in O.S.No.9 of 2022 was filed and the same is pending before the District Munsif Court, Tiruchendur. On 17.06.2022 at about 8.30 p.m., the accused persons trespassed into the defacto complainant's house and abused the defacto complainant by using filthy language and damaged three cameras and took the gate worth about Rs.42,000/- and also criminally intimidated her. 3.The learned counsel for the petitioner submitted that the the petitioner purchased the property situated at Old Door No.42, New No.60, Paramankurichi Village, Pichiilai, Thoothukudi District in Survey No.677/49 to an extent of 4.47 cents house as well as vacant site through a registered sale deed from one Mallika, vide sale deed Document No.273/2022, dated 11.01.2022. He further submitted that on 25.03.2022, the petitioner lodged a complaint stating that the 1/3

defacto complainant and her husband have damaged the house property and he also filed a Writ Petition in W.P(MD)No.11584 of 2022 seeking for appropriate action on his complaint dated 25.03.2022 and this Court also directed the respondent police to take appropriate action within three weeks. In these circumstances, the defacto complainant lodged a complaint.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that due to property dispute, the petitioner and other accused persons damaged the defacto complainant's property worth about Rs.42,000/- and the civil suit is also pending between them.

5.Considering the facts and circumstances of the case and also the fact that the civil suit has already filed, this Court is inclined to grant bail to the petitioner, however, with stringent conditions.

6.Accordingly, the petitioner shall deposit a sum of Rs.42,000/-(Rupees Forty Two Thousand only) to the credit of Crime No.222 of 2022 on the file of the learned Judicial Magistrate, Tiruchendur, within a period of two weeks from the date of receipt of copy of this order and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Tiruchendur, 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 the petitioner shall appear before the respondent police on every Saturday at 10.30 a.m. until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 30/06/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE, TIRUCHENDUR TALUK POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11210 of 2022 Date :30/06/2022 RS/VR/SAR.1 (07.07.2022) 3P-5C 3/3