CRL OP(MD)/18033/2017 of M.SUDHAKAR, Vs THE INSPECTOR OF POLICE, on 28 December 2017

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

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18033 of 2017

1 M.SUDHAKAR

2 KARTHIKANTHAN ... PETITIONERS/ACCUSED No. 1 to 3

Vs

THE STATE REP.BY,THE INSPECTOR OF POLICE, TEMPLE POLICE STATION, TIRUCHANDUR, THOOTHUKUDI DISTRICT.

(CRIME NO.212 OF 2017) ... RESPONDENT/COMPLAINANT

For Petitioners : M/S.A.THIYAKARAJAN Advocate For Respondent : MR.K.ANBARASAN, Government Advocate(Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of therespondent police for the alleged offences punishable underSections, 447 and 309 I.P.C., and Section 3 of TNPPDL Act, in CrimeNo.212 of 2017 on the file of the respondent police, seekanticipatory bail.

2.Heard the learned counsel on either side.

3.The case of the prosecution is that the accused persons saidto have trespassed into the defacto complainant's property andcaused damages worth about Rs.2000/- (Rupees two thousand only).Thereby, the defacto complainant lodged a complaint before therespondent police. Based on the complaint, case has been registeredfor the above said offences.

4.It is submitted by the learned counsel for the petitionersthat no such occurrence was happened as alleged by the prosecution.He further submitted that the petitioners are innocent persons andthey have not committed any offence and prays for anticipatory bail.https://hcservices.ecourts.gov.in/hcservices/However, the petitioners are ready to abide any stringent conditionimposed by this Court.

5.The learned Government Advocate (Crl.side) submitted that thepetitioners are trespassed into the defacto complainant's propertyand caused damages worth about Rs.2,000/-(Rupees two thousand only)and investigation is not yet completed.

6.Considering the facts and circumstances of the case,I aminclined to grant anticipatory bail to the petitioners. Accordingly,the petitioners are ordered to be released on bail in the event ofarrest or on their appearance, within a period of fifteen days fromthe date of receipt of a copy of this order, before the learnedJudicial Magistrate, Tiruchandur, on condition that each petitionersshall execute a bond for a sum of Rs.10,000/- (Rupees ten thousandonly) with two sureties each for a like sum to the satisfaction ofthe respondent police or the police officer who intends to arrest orto the satisfaction of the learned Magistrate concerned and onfurther condition that; [a] the petitioners are directed to deposit a sum of Rs.2000/-(Rupees two thousand only) to the credit of Crime No.212 of 2017before the Judicial Magistrate, Tiruchandur and thereafter, theJudicial Magistrate shall accept the sureties furnished by thepetitioners.

[b] the petitioners shall report before the respondent policedaily at 10.30 a.m. for a period of two weeks and thereafter, as andwhen required for interrogation; [c] the petitioners shall not tamper with evidence or witnesseither during investigation or trial; [d] the petitioners shall not abscond either duringinvestigation or trial.[e] On breach of any of the aforesaidconditions, the learned Magistrate/Trial Court is entitled to takeappropriate action against the petitioners in accordance with law asif the conditions have been imposed and the petitioners released onbail by the learned Magistrate/Trial Court himself as laid down bythe Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/-

28/12/2017

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

https://hcservices.ecourts.gov.in/hcservices/1 THE JUDICIAL MAGISTRATE, TIRUCHANDUR, THOOTHUKUDI DISTRICT.

2 THE CHEIF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, TEMPLE POLICE STATION, TIRUCHANDUR, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.A.THIYAKARAJAN Advocate SR.No.37112