P.Vinoth v. The Inspector Of Police
CRL OP(MD). No.12782 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12782 of 2022 P.Vinoth ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Vadipatti Police Station, Madurai District.
Crime No.208 of 2022.
... Respondent/Complainant For Petitioner : M/s.Karuppaiah R, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.208 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 341, 447, 506(ii) I.P.C, in Crime No.208 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that in respect of property in S.No.261/6 measuring 0.26.0ares belongs to the defacto complainant and a suit in O.S.No.147 of 2008 was also filed and decreed in his favour. In pursuance of which, patta was also changed in his name. In the meantime, on 05.07.2022, at about 04.30PM, the accused criminally trespassed into the property, abused him with filthy language, criminally intimidated him. Hence, the complaint. 3.
The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. Aggrieved by the order in the said civil suit, the petitioner has preferred an appeal in A.S.No.30 of 2022, on the file of Principal Sub Court, Madurai and the same is pending. 4.The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a property dispute between two groups and the investigation is not yet completed. https://www.mhc.tn.gov.
CRL OP(MD). No.12782 of 2022 5.Considering the nature of offence and civil suit pending between the parties, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Vadipatti on condition that 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition 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 stands dismissed.
sd/- 15/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE PRINCIPAL SUBORDINATE JUDGE, MADURAI.
+1 CC to M/s.R.KARUPPIAH, Advocate ( SR-7170[I] dated 15/07/2022 ) ORDER IN CRL OP(MD) No.12782 of 2022 Date :15/07/2022 RS/VR/SAR.3 (20.07.2022) 2P-7C https://www.mhc.tn.gov.in/judis 2/2