Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16409 of 2023

1. Manikandan,

2. Karuppuraja, ... Petitioners/Accused No.1 & 3 Vs The State rep. by The Inspector of Police, Vikramangalam Police Station Madurai District.

Crime No.113 of 2023..

... Respondent/Complainant For Petitioner : M/s.Neethimohan.K., Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) For Intervenor : Ms.P.Jessi Jeevapriya, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.113 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- 1/3

The petitioners/Accused No.1 & 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 109, 435, 294(b) and 506(ii) of IPC in Crime No.113 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant lodged a complaint stating that he is owning lands in Survey Nos.100/6A, 100/6B and 100/6C measuring about 3.50 Acres. About 450 coconut trees and apart from that, flowering plants were planted. On the eastern side, A1-Manikandan is owning lands. In 2020, A1 namely Manikandan and one Philip Murugan set the coconut trees of fire. A complaint was given. But there was compromise between the parties. Later A1 took steps to measure the property. During measurement, it was found that A1 occupied 15 cents belongs to him. He promised to restore the possession after making the harvest. But against the above said promise, he is making frequent trouble. On 30/07/2023 at about 03.00 pm, again, they set fire, caused damage to the flower plants and coconut trees worth about Rs.4,50,000/-. When that was questioned by him, all the accused persons criminally intimidated him. Upon which, the above said case was registered for the offences stated above.

3. The earlier application filed by the petitioner seeking anticipatory bail was dismissed by this Court on 14.08.2023 considering the gravity of offence. 2/3

4. The learned Government Advocate (Crl. Side) would submit that this is second application. Now there is no change of circumstances.

5. Absolutely, I find no reason to entertain this petition. This petition deserves to be dismissed.

6.Accordingly, this Criminal Original Petition stands dismissed. sd/- 12/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE INSPECTOR OF POLICE VIKRAMANGALAM POLICE STATION MADURAI DISTRICT.

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

+1 CC to M/s.K.NEETHIMOHAN, Advocate ( SR-13579[I] dated 13/09/2023 )

ORDER

IN CRL OP(MD) No.16409 of 2023 Date :12/09/2023 SSA/GB/25.09.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3