Subash (34) v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Fifth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.9004 of 2017 1 SUBASH [ PETITIONERS / ACCUSED ] 2 NALLAPPAN 3 GANESAN 4 KALAIMANI 5 SAKTHI 6 VIJAYA 7 CHANDRA 8 MAGESH @ MAGESHWARI Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, MECHARI POLICE STATION, SALEM DISTRICT.
CR.NO.145 OF 2017.
For Petitioner : M/S.M.MARIAPPAN Advocate For Respondent : MR. B. RAMESH BABU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 447, 448, 341, 294[b], 283, 353 and 506[ii] of IPC and Section 3[1] of TNPPDL Act, 1992, in Crime No.145 of 2017 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 21.04.2017, the petitioners along with others damaged the TASMAC shop, protesting the existence of the shop in their locality.
3. Learned counsel appearing for the petitioners submit that the petitioners are permanent residents and therefore, they may be granted ancitipatory bail.
4. Learned Government Advocate [Crl. Side] opposed this petition contending that the petitioners have damaged the public property.
5. Considering the nature of offence, the petitioners are having permanent residence and also the entire facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.II, Mettur and on each of them 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 Judicial Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. -sd/- 05/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO.II, METTUR.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 INSPECTOR OF POLICE, MECHARI POLICE STATION, SALEM DISTRICT.
+1CC to M/S.M.MARIAPPAN Advocate on payment of necessary charges SR.NO. 8443 CRL OP.9004/2017 Date :05/05/2017 EGR 09/05/2017