R.Anbukkarasi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN 1.R.Anbukkarasi 2.R.Thulasi ... Petitioners/Accused Nos.1 & 2 Vs The State represented by The Inspector of Police, Golden Rock Police Station, (Ponmalai Police Station), Trichy District.
(Crime No. 320 of 2022) ... Respondent/Complainant For Petitioners : M/s.Sreenivasan.M.R., Advocate.
For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) For Intervenor : No appearance PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.320 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 447, 448, 379, 427 and 506(i) of IPC, in Crime No.320 of 2022, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant has purchased the house bearing D.No.16, Thangeswari Nagar, 5th Street, Golden Rock (Ponmalai), Trichy, on 11.11.2020 from its owner. After purchasing the above house, she made painting of her house. Since it was raining at that time, they locked the house and went off. When they returned to home, they found that the petitioners along with others trespassed into the house of the defacto complainant and committed theft of house hold articles and damaged other things. Hence, she made a complaint before the respondent police, but they did not take any action. Thereafter, on 15.08.2021, when the defacto complainant went to see her house, the 1/3
petitioners abused her in filthy language and caused life threat to her. Hence, again she made complaint. Since the respondent police failed to register the case, the defacto complainant has filed a petition under Section 156(3) of Cr.P.C before the learned Judicial Magistrate No.5, Trichy in Crl.M.P(MD) No.11265 of 2021 and on the basis of the order of the learned Judicial Magistrate, the respondent police registered the present case. 3.The learned counsel for the petitioners would submit that the alleged house, which was claimed to be purchased by the defacto complainant is the ancestral property of the second petitioner's grandmother. The petitioners have been in continuos possession and enjoyment of the ancestral house and the petitioners got every right over the said property.
He would further submit that in respect of the said property, a suit in O.S.No.103 of 2022 is pending before the II-Additional Sub Court, Trichy. The petitioners are innocents and they have not committed any offence as alleged by the prosecution. Hence, they may be granted anticipatory bail. 4.The learned Government Advocate(Crl.Side) would submit that there is a civil dispute pending between the parties. The petitioners trespassed into the defacto complainant's house and caused damage to the properties worth Rs.1,80,000/-. He would further submit that the investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioners. 5.
Considering the facts and circumstances of the case and considering the nature of offence and also the facts that there existed civil dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.5, Trichy, on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each to the credit of Crime No.320 of 2022 before the learned Judicial Magistrate No.5, Trichy, without prejudice to his rights and contentions before the trial Court and 2/3
produce the receipt/acknowledgment before the concerned Court while executing sureties;
(c) the petitioners shall report before the respondent police daily at 10.30 am until further orders;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 27/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.V, TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY.
2 THE INSPECTOR OF POLICE GOLDEN ROCK POLICE STATION, (PONMALAI POLICE STATION), TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.SREENIVASAN.M.R. Advocate SR.No.12076
ORDER
IN CRL OP(MD) No.15585 of 2022 Date :27/10/2022 SS/GB/SAR I/07/11/2022/ 3P 6C 3/3