Madras High CourtCRL OP(MD)/23541/2013ordered

Lingaswamy v. Thw Inspector Of Police

2013-12-30Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of December Two Thousand Thirteen PRESENT 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 police for the alleged commission of offences punishable under sections 447 of I.P.C. and Section 3 of TNPPDL Act, in Crime No.1 of 2013 on the file of the respondent police, seeks anticipatory bail. 2.The case of the petitioner is that the date of occurrence was on 24.12.2012 and the first information was registered on 01.01.2013 for the offences under Sections 447 of I.P.C. and Section 3 of TNPPDL Act. 3.The learned Government Advocate (criminal side) represents that the damage of Rs.20,000/- has been caused to the plaintain trees of the defacto complainant.

4.In the fitness things, this Court directs the petitioner to deposit a sum of Rs.10,000/- (Rupees ten thousand only) to the credit of crime No.1 of 2013 on the file of the respondent police before the learned Judicial Magistrate, Sathankulam.

5.Accordingly, on deposit of Rs.10,000/-, the petitioner is directed to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Sathankulam 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 as and when required for interrogation. If the offences are proved against the petitioner/accused, the said sum of Rs.10,000/- shall go to the defacto complainant at the time of trial, failing which, the petitioner/accused will be entitled to refund. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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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/- 30/12/2013 / 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

ORDER

IN CRL OP(MD) No.23541 of 2013 Date :30/12/2013 https://hcservices.ecourts.gov.in/hcservices/