BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11533 of 2011 1 M. RAJASEKARAN 2 N. MANOHARAN ... PETITIONERS / ACCUSED Vs STATE REP BY:: THE INSPECTOR OF POLICE THOTTIYAM POLICE STATION, TRICHY DISTRICT, CR.NO.224/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. V.ILLANCHEZIAN Advocate For Respondent : MR. A. RAMAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 447, 324 and 506(ii) of IPC r/w 3(1) of Tamil Nadu Property Damages and Loss Prevention Act, 1992 in Crime No.224 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that the petitioners are arrayed as A2 and A3 and the alleged occurrence has been taken place on 13.8.2011 and A1 has purchased all the properties and since the defacto complainant failed to defeat the battle for purchasing the property, he attempted to interfered into the possession of the property. Hence, A1 has filed O.S. NO. 590 of 2011 and obtained an order of injunction, he demolished the old building and the defacto complainant has given complaint against 10 named accused and 10 unnamed accused and the first accused and six others have already been enlarged on anticipatory bail. Now, the second and the third accused, who are the petitioners herein apprehend for arrest and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same,the learned Additional Public Prosecutor submitted that the building was damaged by the petitioners using JCB and damaged the wall worth Rs.50,000/- and the case has been registered against 10 named persons and 10 others and the injured has been discharged from the hospital. He fairly conceded that A1 and some of the accused were enlarged on anticipatory bail and investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides and considering the fact that A1 has purchased the property on 14.7.2010 and after he put in possession, the defacto complainant, who has lost the battle of purchase of the property, has attempted to interfere with the possession and hence, A1 has filed the suit O.S. No. 590 of 2011 and also obtained an order of interim injunction in I.A.No. 680 of 2011 and the injured has been discharged from the hospital and even though the petitioners were not arrested, neither they interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Musiri, and each of them executing a separate 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 petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, anticipatory bail petition stands dismissed. sd/- 15/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE MUSIRI, TIRUCHY DISTRICT 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUCHY 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE THOTTIYAM POLICE STATION, TRICHY DISTRICT 1. CC to M/S. V.ILLANCHEZIAN Advocate SR.No.31698: DM::2011:SEPTEMBER:19:: ORDER IN CRL OP(MD) No.11533 of 2011 Date :15/09/2011 2P:6C: https://hcservices.ecourts.gov.in/hcservices/