Sivaji v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14177 of 2015 1 SIVAJI 2 KARTHICK 3 PONVANNAN @ PONPANDI 4 NAGARAJ ..PETITIONERS/ACCUSED 1 to 4 Vs.

STATE REP.BY ITS THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI CITY, CRIME NO.1212/2015 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.SARANGAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324 and 506 (ii) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.1212 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that due to dispute over for performing Pooja in Pandi Kovil, the accused attacked the de-facto complainant and also threatened with dire consequences.

3. The learned counsel for the petitioners submitted that the second petitioner and the de-facto complainant are claiming right of doing Pooja at Pandi Kovil and the Commissioner of HR and CE Department has passed an order in favour of the second petitioner, which was challenged by the de-facto complainant before the High Court. However, the High Court has passed an order of status-quo. Aggrieved over the same, a false complaint was given against the petitioners.

4. The learned Government Advocate (Crl.side) submitted that the injured has been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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.VI, Madurai and on their executing 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 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.

6. 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/- 24/07/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI CITY.

+1. CC to M/S.M.SARANGAN Advocate SR.No.41365 Akm/29.07.15 /2p-6c/

ORDER

IN CRL OP(MD) No.14177 of 2015 Date :24/07/2015 https://hcservices.ecourts.gov.in/hcservices/