CRL OP(MD)/23541/2013 of LINGASWAMY Vs THW INSPECTOR OF POLICE on 30 December 2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Monday, the Thirtieth day of December Two Thousand ThirteenPRESENT

The Hon`ble Mr Justice P.N.PRAKASH

CRL OP(MD) No.23541 of 2013

LINGASWAMY ... PETITIONER/ ACCUSED

Vs

THE STATE REP. BY THE INSPECTOR OF POLICE THATTARMADAM POLICE STATION, THOOTHUKUDI DT. (CRIME NO. 1 OF 2013)

... RESPONDENT / COMPLAINANT

For Petitioner : M/S.R.BALAKRISHNAN Advocate For Respondent : Mr.A.P.Balasubramani Government Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent policefor the alleged commission of offences punishable under sections 447 ofI.P.C. and Section 3 of TNPPDL Act, in Crime No.1 of 2013 on the file ofthe respondent police, seeks anticipatory bail.

2.The case of the petitioner is that the date of occurrence was on24.12.2012 and the first information was registered on 01.01.2013 for theoffences under Sections 447 of I.P.C. and Section 3 of TNPPDL Act.

3.The learned Government Advocate (criminal side) represents that thedamage of Rs.20,000/- has been caused to the plaintain trees of thedefacto complainant.

4.In the fitness things, this Court directs the petitioner to deposita sum of Rs.10,000/- (Rupees ten thousand only) to the credit of crimeNo.1 of 2013 on the file of the respondent police before the learnedJudicial Magistrate, Sathankulam.

5.Accordingly, on deposit of Rs.10,000/-, the petitioner is directedto be released on bail, in the event of arrest or on his appearance beforethe learned Judicial Magistrate, Sathankulam and on executing a bond for asum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for alike sum to the satisfaction of the learned Magistrate concerned and onfurther condition that the petitioner shall appear before the respondentpolice as and when required for interrogation. If the offences are provedagainst the petitioner/accused, the said sum of Rs.10,000/- shall go tohttps://hcservices.ecourts.gov.in/hcservices/the defacto complainant at the time of trial, failing which, thepetitioner/accused will be entitled to refund. The petitioner shallcomply with the condition stipulated under Section 438 Cr.P.C.Scrupulously.

6. The petitioner shall appear before the concerned Magistrate withina period of 15 days from the date on which the order copy made readyfailing which, the petition for anticipatory bail stands dismissed.

sd/-

30/12/2013

/ TRUE COPY /

Sub-Assistant Registrar

TO

1 THE JUDICIAL MAGISTRATE, SATHANKULAM.

2 THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

4 THW INSPECTOR OF POLICE

THATTARMADAM POLICE STATION, THOOTHUKUDI DISTRICT.

+1. CC to M/S.R.BALAKRISHNAN Advocate SR.No.118

TS/02.01.2014/2P-6C