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Madras High CourtCRL OP(MD)/16972/2018ordered

T.Rajesh, v. The Inspector Of Police,

2018-09-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fourth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16972 of 2018 T.RAJESH ... PETITIONER / SOLE ACCUSED Vs THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI.

(Crime No. 241 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.T.LAJAPATHI ROY Advocate For Respondent : MR.M.ASOKAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448, 379, 294(b) and 506(ii) I.P.C. in Crime No.241 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that on 13.09.2018, the petitioner has trespassed into the defacto complainant's house and trying to cut a age old tree. When the same was questioned by the defacto complainant, the petitioner assaulted him and also abused him with filthy language. Hence, the complaint. 3.Heard the learned counsel appearing for the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that due to the above said dispute, civil suit is pending.

5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate No.I, Nagercoil, Kanyakumair District 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 on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.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/- 24/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO I NAGERCOIL 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.T.LAJAPATHI ROY Advocate SR.No. 18155

ORDER

IN CRL OP(MD) No.16972 of 2018 Date :24/09/2018 MSI/PN/SAR-I/03.10.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/