Sivanantham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN

1. Sivanantham,

2. Pushparaj,

3. S/o.Kulanthaivel,

4. Veemarj Alias Veemarasu,

5. Jagathisan Alias Jagatheesan, ... Petitioners/Accused Vs State rep by The Inspector of Police, Orathanadu Police Station, Thanjavur District (Crime No.265 of 2019).

... Respondent/Complainant For Petitioners : M/s.S.Pandiyaraj, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.265 of 2019 on the file of the respondent.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners, learned counsel appearing for the intervener and learned Government Advocate(Crl. Side) appearing for the respondent. 1/3

2.The petitioners apprehend arrest at the hands of the respondent for the offences under Sections 147, 447, 427, 294(b) and 506(ii) of IPC in Crime No.265 of 2019. Hence, they seek anticipatory bail.

3.There appears to be a land dispute between the first petitioner and the defacto complainant. The petitioners are said to have destroyed crops whose value is assessed at Rs.31,680/- by the Department.

4.The defacto complainant estimates the loss at a higher value.

5.The learned counsel appearing for the petitioners states that the petitioners would take demand draft for a sum of Rs.20,000/- in the name of the defacto complainant and deposit the same before the Jurisdictional Magistrate at the time of surrender and that, the same can be handed over to the defacto complainant. This would be without prejudice to his defence in the case. 6.Recording the said undertaking, anticipatory bail is granted to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Orathanadu, Thanjavur District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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 as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.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/- 06/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE LEARNED JUDICIAL MAGISTRATE, ORATHANADU, THANJAVUR DISTRICT

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR.

3. THE INSPECTOR OF POLICE, ORATHANADU POLICE STATION, THANJAVUR DISTRICT

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

+1CC TO MR.S.PANDIYARAJ, Advocate Sr. No. 14986 ORDER IN CRL OP(MD) No.11566 of 2019 TR/PN/SAR-II (13.09.2019) 3P 6C 3/3