Rajagopal, S/O.Ponnaiah Nadar, v. The Sub Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.17768 of 2018 RAJAGOPAL ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY ITS, THE SUB INSPECTOR OF POLICE, KULASEKARANPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT.
(CRIME NO.86 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.N.RAMESH ARUMUGAM Advocate For Respondent : Mrs.M.ANANTHA DEVI, Government Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 I.P.C, in Crime No.86 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner had cut the teak wood tree and taken away and therefore, an F.I.R. was registered in Crime No.86 of 2018.
3.The learned counsel for the petitioner would submit that the occurrence is said to have taken place on 12.06.2017, but, however, the complaint was given only on 14.05.2018. He would further submit that a false case has been given by the defacto complainant. The petitioner is aged about 79 years.
4.The learned Government Advocate would submit that the police have registered an F.I.R. based on the complaint given by the defacto complainant, which is a political party. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, 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 Judicial Magistrate, Tiruchendur 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/- 05/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, TIRUCHENDUR.
2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3.THE SUB INSPECTOR OF POLICE, KULASEKARANPATTINAM POLICE STATION., THOOTHUKUDI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.M.S.JEYAKARTHIK Advocate SR.No.19013
ORDER
IN CRL OP(MD) No.17768 of 2018 Date :05/10/2018 AE/JC/SAR4/11.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/