Madras High CourtCRL OP(MD)/23862/2014ordered

Rengasamy v. The Inspector Of Police

2014-12-30Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of December Two Thousand Fourteen PRESENT THE HONOURABLE MR.JUSTICE R.MAHADEVAN CRL OP(MD) No.23862 of 2014 RENGASAMY ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ETHAMOZHI POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO.118 OF 2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.PALANIVELAYUTHAM 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 petitioner/sole accused apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 452 and 506(ii) I.P.C in Crime No.118 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

2.It is submitted by the learned counsel for the petitioner that the petitioner is innocent and he has not committed any offence and prays for anticipatory bail in favour of the petitioner. He further submitted that due to some property dispute, this complaint has been given against the petitioner.

3.It is submitted by the learned Government Advocate (Crl.Side) that the defacto complainant is 84 years old and he oppose for grant of anticipatory bail.

https://hcservices.ecourts.gov.in/hcservices/

4.Considering the facts and circumstances of the case and also considering the submissions made by both sides, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

5.In the result, this petition is ordered and the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court, No.I, Nagercoil and on 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 petitioner shall appear before the respondent police daily twice i.e at 10.30 a.m and 5.30 p.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner 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/- 30/12/2014 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI @ NAGERCOIL. 3 THE INSPECTOR OF POLICE, ETHAMOZHI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.S.PALANIVELAYUTHAM, Advocate, SR.No.69285. ORDER IN CRL OP(MD) No.23862 of 2014 Date :30/12/2014 msm 31.12.2014 p2/6c https://hcservices.ecourts.gov.in/hcservices/