Ponraja v. The Inspector Of Police

CRL OP(MD). No.948 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.948 of 2022

1. Ponraja

2. Sadai @ Saravanan

3. Indhirapandi

4. Narasimman

5. Sivakumar

6. Ayyadurai

7. Thomas Pandian ... Petitioners/Accused Rank Not Known Vs The State rep.by, The Inspector of Police, Naguneri Police Station, Tirunelveli District. In Crime No.6/2022.

... Respondent/Complainant For Petitioner : Mr.K.Suyambulinga Bharathi, Advocate. For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.6 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 149, 294(b), 323, 506(ii) of IPC and Section 3 of TNPPDL Act, in Crime No.06 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case against the petitioners is that the petitioners and others refused to pay Tollgate entry fees and caused damages to the electronic chip to the tune of Rs.12,000/-. Hence, the case. 3.On the side of the petitioner it is stated that the petitioners and others were travelling in two four wheelers and when they entered into the Tollgate Booth one of the staff member created problem and used un-parliamentary words against the petitioners. The inmates of the car questioned the illegal act of the staff. Only with that motive a false case was registered against the petitioners and others and prayed the petitioners to be released on anticipatory bail.

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CRL OP(MD). No.948 of 2022 4.On the side of the prosecution it is stated that FIR was registered against 11 persons. The name of the petitioners were not mentioned in the FIR. The petitioners and others refused to pay Tollgate fee and caused damages to the electronic chip worth about Rs.12,000/- and prayed the petition to be dismissed. 5.It is seen that all the petitioners are aged below 30 years. Considering the age of the petitioners and considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Nanguneri, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the learned Judicial Magistrate, Nanguneri, daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 20/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE NAGUNERI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.948 of 2022 Date :20/01/2022 TM MK/VR/SAR.II/25.01.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2