Madras High CourtCRL OP(MD)/22900/2013bail granted

S.Vaiyapuri v. The Inspector Of Police

2013-12-19Honourable Mr Justice M. Sathyanarayanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) No.22900 of 2013 1 S.VAIYAPURI 2 V.MARUTHAPANDIYAN ... PETITIONER/ACCUSED NO. 1 & 2 Vs STATE REP BY THE INSPECTOR OF POLICE AMMAPETTAI POLICE STATION, THANJAVUR DIST.

CR. NO. 328/2103. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.KARNAN Advocate For Respondent : MR.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- There are totally two named and 15 unnamed accused and these petitioners are arrayed as A1 & A2 and apprehending arrest at the hands of the respondent police for the alleged commission of offences punishable under Sections 294(b), 441 and 506(ii) of IPC., r/w. 3 of TNPPDL Act, said to have been committed on 11.08.2013, in Crime No. 328 of 2013, seek anticipatory bail.

2.The case of the prosecution is that on account of property dispute, the petitioner and other accused caused damage to the fence to the tune of Rs.1 lakh.

3.The learned counsel for the petitioner would submit that the defacto complainant is none other than the brother of A1 and he has purchased the property in the name of his brother and therefore, on account of the same, the present false complaint came to be lodged. Further, he would submit that without any prejudice to his rights and contentions is ready and willing to deposit a sum of Rs.850/- each to the credit of Crime No.328 of 2013 on the file of the Court of District Munsif-cum-Judicial Magistrate, Pappanasam.

4.The learned Government Advocate (Crl.side) would submit that nobody has sustained injury in this occurrence and the investigation is pending.

5.Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned District Munsif-cum-Judicial Magistrate, Pappanasam 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 each of the petitioner shall deposit a sum of Rs.850/-to the credit of Crime No.328 of 2013 on the file of the learned District Munsif-cum-Judicial Magistrate, Pappanasam and on further condition that the petitioners shall appear before the respondent police daily at 11.00 a.m for a period of one week and thereafter as and when required. 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/- 19/12/2013 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PAPPANASAM 2 THE CHIEF JUDICIAL MAGISTRATE THANJAVUR AT KUMBAKONAM 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE AMMAPETTAI POLICE STATION, THANJAVUR +1. CC to M/S.G.KARNAN Advocate SR.No.63714 AA/26.12.2013/ 2p- 6c/

ORDER

IN CRL OP(MD) No.22900 of 2013 Date :19/12/2013 https://hcservices.ecourts.gov.in/hcservices/