BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Eleven PRESENT The Hon`ble Mr.Justice R.S.RAMANATHAN CRL OP(MD) No.7907 of 2011 MOHAMMED IQPAUL ..PETITIONER/ACCUSED Vs. STATE REP.BY THE INSPECTOR OF POLICE, KUMBAKONAM EAST POLICE STATION, CR.NO.639/2010, THANJAVUR DISTRICT. ..RESPONDENT/COMPLAINANT For Petitioner : M/S. B.JAMEEL ARASU 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 petitioner apprehends arrest at the hands of the respondent police for the alleged commission of offences punishable under Sections 452 and 380 I.P.C in Crime No.639 of 2010 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 arrayed as A2. He further submitted that A1 and A3 were already granted anticipatory bail by this Court in Crl.O.P.No.11449 of 2010 and the petitioner is the owner of the premisses and he is in possession of the shop. 3.The learned Additional Public Prosecutor (crl.side) submitted that the de-facto complainant was a tenant and he was running a shop keeping 11 lakhs worth of articles and cash of Rs.30,000/- in his shop and he also obtained an order of injunction against the owner and despite the same, the accused by force evicted him from the premises. He further submitted that A1 was only a mediator and therefore, he was granted anticipatory bail by this Court and A2 and A3 are the sons of the owner. 4.It is seen from the order made in Crl.O.P.No.1449/2010, this Court has granted anticipatory bail to the accused 1 and 3 and it has been stated in that order that there is a dispute between the landlord and tenant and the landlord claims the property. Further the https://hcservices.ecourts.gov.in/hcservices/ offence had taken place on 26.09.2010 and the petitioner is also the owner of the property and A1 and A3 were granted anticipatory bail by this Court, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Munsif cum Judicial Magistrate, Pabanasam, Thanjavur District and the petitioner shall execute 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. 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 made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 29/06/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, PABANASAM, THANJAVUR DISTRICT. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE THANJAVUR AT KUMBAKONAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE, KUMBAKONAM EAST POLICE STATION, THANJAVUR DISTRICT. +1. CC to M/S. B.JAMEEL ARASU Advocate SR.No.20976 akm/01.07.11 /2p-6c/ ORDER IN CRL OP(MD) No.7907 of 2011 Date :29/06/2011 https://hcservices.ecourts.gov.in/hcservices/