Veerasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16959 of 2018 1 VEERASAMY 2 MANI ... PETITIONERS / ACCUSED A3 & A4 Vs STATE REP. BY THE INSPECTOR OF POLICE SESSION COURT POLICE STATION, CONTENTMENT, TRICHY CITY (CRIME NO.843 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioners : MR.T.VADIVELAN Advocate For Respondent : MR.V.NEELAKANDAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 447,294 (b), 506(ii) of IPC and Section 3 of TNPPDL Act, in Crime No.843 of 2017, seek anticipatory bail.

2.The case of the prosecution is that the petitioners trespassed into the property of the defacto complainant and caused damage to the compound wall. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents. They did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the the petitioners already got anticipatory bail before the learned District and Sessions Judge, Trichy in Crl.M.P.No.1992 of 2018, but failed to produce sureties. Extension petition filed by the petitioner for producing sureties was also granted by the court below. The petitioners again failed to furnish sureties. Thereafter the petitioners have filed the present petition for anticipatory bail.

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5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners shall jointly pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs to the Hon'ble Chief Justice Relief Fund. On such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.III, Trichy and on their executing 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 appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.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 shall stand dismissed.

sd/- 26/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO III TRICHY 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY 3 THE INSPECTOR OF POLICE SESSION COURT POLICE STATION, CONTENTMENT, TRICHY CITY 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI COPY TO:- THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT.

MADURAI.

+1. CC to MR.T.VADIVELAN Advocate SR.No. 18404

ORDER

IN CRL OP(MD) No.16959 of 2018 Date :26/09/2018 MSI/JC/SAR-I/04.10.2018-2P/7C https://hcservices.ecourts.gov.in/hcservices/