Manikandan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.M.Manikandan 2.M.Rajkumar 3.M.Saravanan ... Petitioners/Accused Nos.1 to 3 Vs State represented by The Inspector of Police, Chinnamanur Town Police Station, Theni District.
(In Crime No.318 of 2023) ... Respondent/Complainant For Petitioner : M/s.R.VENKATESAN, Advocate For Respondent : Mr.B.NAMBISELVAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.318 of 2023 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 448, 294(b), 427 and 506(i) of 1/4
IPC in Crime No.318 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on the basis of a civil dispute between the defacto complainant and the petitioner, it is alleged that on 08.07.2023 at about 11 p.m., the accused persons have trespassed into the defacto complainant's land and damaged the entrance gate and criminally intimidated him and caused damage to his land to the tune of Rs.45,000/-. Hence the complaint.
3. The learned counsel for the petitioner submitted that challenging a patta transfer proceedings, the petitioner has filed W.P.(MD)No.15974 of 2022 before this Court and pending writ proceedings, the present complaint stated to have been made by the defacto complainant. He further submitted that he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Therefore, seeks for the relief of anticipatory bail.
4. The learned Additional Public Prosecutor would submit that due to a civil dispute, the present occurrence has taken place.
5. Taking into consideration the facts and circumstances of the case and considering the fact that over a land dispute the present occurrence has taken place, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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6. Accordingly, this Criminal Original Petition is allowed and the petitioners are directed deposit Rs.45,000/- (Rupees Fourty Five Thousand Only) to the credit of the Crime No.318 of 2023, before the trial Court.
7. On such deposit, the petitioners are directed to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Uthamapalayam, on condition that the petitioners shall execute 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 the petitioners 2 and 3 shall appear before the respondent police daily at 10.30 a.m. until further orders. Considering the job nature of the first petitioner, he is directed to appear before the respondent police as and when required for investigation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. 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 stands dismissed. sd/- 26/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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PNN TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3 THE INSPECTOR OF POLICE, CHINNAMANUR TOWN POLICE STATION, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.VENKATESAN R Advocate SR.No.11403
ORDER
IN CRL OP(MD) No.13625 of 2023 Date :26/07/2023 SA/MR/SAR. /02.08.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4