Madras High CourtCRL OP(MD)/13540/2022granted

K.Siva v. The Inspector Of Police

2022-07-27Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.13540 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13540 of 2022 K.Siva ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, Srirangam Police Station, Trichy District.

Crime.No.882/2022.

... Respondent/Complainant For Petitioner : M/s.KARTHIKEYAVENKITACHALAPATHY, 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.882 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, 323 and 506(i) I.P.C, in Crime No.882 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant demolished his own house and put up the debris in Plot .No.3. The accused persons alleged to have stolen the above said debris and that was questioned by the defacto complainant, he has also tried to take the video. That was prevented by the accused by causing assault and the mobile phone was snatched by him and deleted the video. 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. The main

4. Heard the learned Government Advocate (Crl. Sid) appearing for the respondent. The respondent police present before this Court and submitted that during the course of investigation it was found https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13540 of 2022 that the defacto complainant stored the debris in the opposite of his plot and that caused hindrance to the pathway of the petitioner. Hence, the petitioner is said to have removed portion of the debris by using JCB, over which only the above said complaint has been registered.

5. In the light of the above said submission made by the respondent police, 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 District Munsif Cum Judicial Magistrate, Srirangam 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/- 27/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SRIRANGAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.KARTHIKEYAVENKITACHALAPATY Advocate SR.No.7849 ORDER IN CRL OP(MD) No.13540 of 2022 Date :27/07/2022 SA/PN/SAR.3/02.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2