Silamparasan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23643 of 2016 SILAMPARASAN ... PETITIONER / ACCUSED NO.3 Vs STATE : THE INSPECTOR OF POLICE, ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT CRIME NO.348 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.KANNAN 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 :- The petitioner, who is arrayed as accused No.3, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 427 and 506 (ii) of I.P.C., and Section 3 of TNPPDL Act, 1992 in Crime No.348 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner states that the petitioner herein is A3 in this case and due to civil dispute, a false case has been foisted against the petitioner herein. He further states that A2, A4, A5, A6, A8 and A11 were granted anticipatory bail by this Court in Crl.O.P.(MD).No.23621 of 2016.

3. The learned Government Advocate (Crl.side) appearing for the respondent states that totally there are 11 accused in this case and the petitioner herein is A3 and the co-accused viz., A1, A7, A9 and A10 were arrested and released on bail by the concerned Sessions Judge, Sivagangai. He further states that the petitioner herein is charged under Section 427 and Section 3 of TNPPDL Act, 1992 exclusively, and the accused caused damage to the house of the defacto complainant worth about Rs.20,000/-

4. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of his arrest or on his appearance before the Judicial Magistrate, Ilayangudi and on his 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 the petitioner shall deposit a sum of Rs.2,500/- (Rupees Two Thousand and Five Hundred only) to the credit of Crime No.348 of 2016 before the learned Judicial Magistrate, Ilayangudi and the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ILAYANGUDI 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE,ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.KANNAN Advocate SR.No.83446 GJM/SS3/SAR-1-3.1.17-2P-6C

ORDER

IN CRL OP(MD) No.23643 of 2016 Date :23/12/2016 https://hcservices.ecourts.gov.in/hcservices/