BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16008 of 2011 J.KADHAR MOHAMMED RABI : PETITIONER/ACCUSED Vs. THE STATE REP.BY THE INSPECTOR OF POLICE CRIME BRANCH, TALLAKULAM POLICE STATION, TALLAKULAM, MADURAI, MADURAI DISTRICT. CRIME NO.NOT KNOWN/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. R.SUNDAR Advocate For Respondent : Mr. K.S.DURAIPANDIAN 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 offences under Sections 457 and 380 of I.P.C., in Crime No.Not Known of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. Heard Mr.R.Sundar, learned counsel for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the respondent State. 3. The learned counsel for the petitioner would submit in his argument that the petitioner is an innocent person and he has been falsely implicated in this case. 4. The learned Additional Public Prosecutor would submit in his argument that the defacto complainant viz., P.Santhi is a tenant under the petitioner with regard to a house in question, on 24.11.2011, the petitioner illegally trespassed with an intention to dispossess her and committed an offence of theft. He would further submit that there is only petition enquiry is pending. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the facts and circumstances of the case and also considering the fact that the matter is civil in nature and petition enquiry is pending, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.2, Madurai 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 at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7. 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/- 19/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.2, MADURAI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE CRIME BRANCH, TALLAKULAM POLICE STATION, TALLAKULAM, MADURAI, MADURAI DISTRICT. +1 CC to M/S. R.SUNDAR Advocate SR.No.44292 ORDER IN CRL OP(MD) No.16008 of 2011 Date :19/12/2011 NSV/21.12.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/