Sengaichamy, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.14934, 14780 & 14781 of 2015 & MP(MD)NOS.1,1&1 OF 2015 1 SENGAICHAMY 2 KRISHNAN 3 JEYARAJ, 4 LINGAM 5 JEYENDRAN 6 MUTHURAMALINGAM 7 ARUMUGAM 8 RAMALINGAM 9 NEHRU 10 JEYAGURU 11 RAMAR 12 RAJAMANI 13 MURUGESHAN 14 RAJA 15 RAMACHANDRAN 16 SAKTHI 17 SALUGAI 18 MARTHANDA BOOPATHI ... PETITIONERS/ACCUSED No.1,3 to11,13 to 20& 22 in Crl.OP.(MD)No.14934/15 1.SEKAR 2 THANDILINGAM 3 ATHISIVAM ...PETITIONERS/ACCUSED NO.2,12 &21 IN CRL.OP.(MD)NO.14780/15 GOPAL ...PETITIONER/ACCUSED NO.10 ÌN CRL OP.14781/15 Vs 1 THE INSPECTOR OF POLICE, PALAYANOOR POLICE STATION, SIVAGANGAI DISTRICT.(CR.NO.53/15) ... RESPONDENT /COMPLAINANT 2 TAMILARASU ..ALL CRL.OP NOs.
injured person/intervener For Petitioner : M/S.P.SUBBARAJ Advocate For Respondent : S.PRABHA Govt. Advocate ( Crl. Side) For intervener : R.UDHAYAKUMAR ADVOCATE PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/accused in Crl.O.P(MD)No.14934 of 2015 who are arrayed as A1, A3 to A11, A13 to A20 and A22, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) I.P.C. in Crime No.
of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2.The petitioners/accused in Crl.O.P(MD)No.14780 of 2015 who are arrayed as A2, A12 and A21, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) I.P.C. in Crime No.53 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 3.The petitioner/accused in Crl.O.P(MD)No.14781 of 2015 who is arrayed as A10, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) I.P.C. in Crime No.53 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 4.The learned Counsel appearing for the petitioners submits that there are two groups in the same village and there is a dispute over conducting the temple festival on 22.07.
2015,a Peace Committee Meeting was conducted by the Revenue Divisional Officer, Sivagangai, and he imposed certain conditions for conducting the temple festival. He further submits that the petitioners were assaulted the de-facto complainant's party for which a case has been registered against them in Crime No.54 of 2015 on 24.07.2015 for the offences under Sections 147, 148, 294(b), 323, 324 and 506(ii) I.P.C and they moved an application for anticipatory bail and this Court granted anticipatory bail in Crl.O.P (MD)No.14470 of 2015 on 28.07.2015. He further submits that the petitioners are innocent and they have been falsely implicated in this case.
5. The learned Counsel appearing for the intervenor vehemently opposed these petitions contending that the petitioners are involved in three previous cases and they are hard-core criminals and they are not entitled to the anticipatory bail.
6.The learned Government Advocate(Criminal side) appearing for the
respondent submitted that the investigation is going on. She further submits that the injured person had already been discharged from the hospital.
7. Considering the submissions made by the learned Government Advocate (Crl.side) and also considering the fact that the injured person had already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
8. 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, Manamadurai, and 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 Magistrate concerned and on further condition that all the petitioners shall stay at Pudukkottai and report before the Pudukkottai Town Police Station daily morning at 10.00 a.m and evening 06.00 p.m until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
9. 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, the petition for anticipatory bail stands dismissed.
sd/- 05/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, PALAYANOOR POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 INSPECTOR OF POLICE, PUDUKKOTTAI TOWN POLICE STATION PUDUKKOTTAI +3 CC TO MR.R. UDHAYA KUMAR, ADVOCATE SR NOs:44090,44091,44092 +3 CC TO M/S.P.SUBBARAJ Advocate SR.Nos:44187,44188,44189 ORDER IN CRL OP(MD) No.14934 of 2015 Date :05/08/2015 JAM/GSR/10.8.15/4P-12C