Jeyapaul v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Jeyapaul ... Petitioner / Sole Accused Vs State rep by The Inspector of Police, Periyakulam Police Station (In Crime No.145 of 2023) ... Respondent / Complainant For Petitioner :

M/s. Susi Kumar.C, Advocate.

For Respondent :

Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 145 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 427 and 506(i) of IPC in Crime No.145 of 2023, on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that due to property dispute between the accused and the defacto complainant, who are own brothers, the accused person caused damages to the common motor pump, which is used for irrigation purpose by both of them and also made life threat to the defacto complainant. 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 defacto complainant by himself caused damages to the above said motor pump set.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a dispute between the brothers.

5. Considering the nature of offence, the overt act attributed against the petitioner, and the damages caused by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner on payment of costs. 6.Accordingly, this petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only), to the credit of crime No.145 of 2023, before the trial Court, without prejudice to his rights and contentions before the trial Court. The defacto complainant is permitted to withdraw the said deposit amount without awaiting the disposal of the case by the trial Court.

7. On such deposit being made, this Criminal Original Petition is allowed and 2/4

petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Periyakulam, 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 Inspector of Police, Thallakulam Police Station, on every Sunday at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8. 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/- 24/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM To 1.The Judicial Magistrate, Periyakulam.

2.Do through the Chief Judicial Magistrate, 3/4

3.The Inspector of Police, Periyakulam Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Inspector of Police, Thallakulam Police Station, Madurai District.

+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-12832[I] dated 25/08/2023 )

ORDER

IN CRL OP(MD) No.14906 of 2023 Date :24/08/2023 ED/VRS/SAR- (12/09/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4