Karunanithi v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22939 of 2018 KARUNANITHI ... PETITIONER / SOLE ACCUSED Vs STATE THROUGH THE SUB INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, THOOTHUKUDI DISTRICT.
(IN CRIME NO. 289 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.MUNIYANDI Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 506 (ii) IPC and Section 3 of TNPPDL Act in Crime No.289 of 2018 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is a Head Man of Sangam and he questioned the attitude of the petitioner. Due to which, the petitioner damaged the chair and defacto complainant's car and caused damage worth about Rs.20,000/-. Hence the complaint.
3.According to the petitioner, he questioned about the accounts which was maintained by the defacto complainant. Due to which the defacto complainant lodged a false complaint before the respondent police. However, the petitioner is ready to deposit a sum of Rs.15,000/- to show his bonafide.
5. The learned Government Advocate [Criminal Side] opposes for grant of Anticipatory Bail. He would submit that the petitioner damaged the property worth about Rs.20,000/- and that investigation is pending.
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6.Taking into consideration of the fact that it is a case of TNPPDL Act and the alleged damage as per the First Information Report is Rs.20,000/- and that the petitioner offered to deposit a sum of Rs.15,000/- to show his bonafide, this Court is inclined to grant Anticipatory Bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court, Thiruchendur and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall deposit a sum of Rs.15,000/- to the credit of Crime No.
289 of 2018 before the learned Judicial Magistrate Court, Thiruchnethur and also on condition that the petitioner shall appear before the respondent police daily 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 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, THIRUCHENTHUR.
2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3.THE SUB INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.22939 of 2018 Date :27/12/2018 gns AE/JC/SAR1/08.01.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/