Ramakrishnan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4482 of 2017 1 RAMAKRISHNAN 2 SELVAM 3 KAJA SHERIFF ... PETITIONERS/ ACCUSED 1 TO 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO.202 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioners: M/S.D.VENKATESH Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 3 in Crime No.202 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 341, 323, 379, 420, 455 and 506(ii) of IPC and hence, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.

The case of the prosecution is that the first petitioner is the owner of the property and that the defacto complainant entered into an agreement and purchased the property for a sum of Rs.30 lakhs and initially paid a sum of Rs.5 lakhs and thereafter, paid a sum of Rs.5 lakhs. After that, at the instigation of the second petitioner, in order to sell the property for a higher value, the petitioners trespassed into the property and threatened the defacto complainant to vacate the premises.

4.It is represented by the learned counsel for the petitioner that the matter is civil in nature and as the injunction has been vacated, the defacto complainant has come forward with this present criminal complaint.

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5.The learned Government Advocate (crl. Side) on instructions would submit that the property worth about Rs.3 lakshs has been damaged.

6.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Karaikudi and on each of them executing 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 on further condition that the first petitioner shall appear before the respondent police as and when required, for interrogation. The petitioners 2 and 3 shall appear before the respondent police once in a week i.e. on every Monday at 10.30 a.m. until further orders, for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7.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/- 17/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE , KARAIKUDI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI 3.THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.D.VENKATESH Advocate SR.No.20313

ORDER

IN CRL OP(MD) No.4482 of 2017 Date :17/04/2017 MS/PM.PN/SAR.2/24.04.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/