Velkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Velkumar,

2. Srinivasan @ Srinivasan,

3. Jayamani @ Jeyalakshmi,

4. Raja @ Rajendran,

5. Mohan Kumar @ Mohan Raj,

6. Marachi, ... Petitioners/Accused 1 to 6 Vs State Rep by The Inspector of Police, Eriodu Police Station, Dindigul.

Cr.No.150/2022.

... Respondent/Complainant For Petitioner : M/s. Manikandan.P, 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 Cr.No.150/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 147, 447, 427, 294(b) and 506(i) IPC, in Crime No.150 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners herein trespassed into the land of the defacto complainant and removed the fencing stones and according to the defacto complainant the petitioners have damaged about 40 block stones worth Rs.1,05,000/-. Hence, the complaint.

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3. The learned counsel for the petitioners submitted that there was a pathway through the above said fencing to the petitioners. When he blocked close the pathway, they tried to restore the pathway and for which they have damaged two stones, but, that was also restored.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that actually 4 or 5 stones worth about Rs.30,000/- were damaged. Actually, for creating evidence against the petitioners, the defacto complainant has damaged stones worth about Rs.1,05,000/- and gave a complaint; the investigation is pending.

5. Considering the nature of offence, the overt act attributed against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Additional District Munsif Cum Judicial Magistrate, Vedasandhur, Dindigul, on condition that the petitioners shall execute 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 petitioners shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) to the credit of Crime No.150 of 2022 on the file of the Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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 stands dismissed.

sd/- 03/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 2/3

TO

1. The Additional District Munsif Cum Judicial Magistrate, Vedasandhur, Dindigul.

2. Do Through The Chief Judicial Magistrate, Dindigul.

3. The Inspector of Police, Eriodu Police Station, Dindigul.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.MANIKANDAN, Advocate ( SR-7403[I] dated 21/07/2022 )

ORDER

IN CRL OP(MD) No.13054 of 2022 Date : 03/08/2022 TR/PN/SAR-III(12.08.2022) 3P 6C 3/3