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Madras High CourtCRL OP(MD)/15060/2015allowed

Seenichamy v. The Inspector Of Police,

2015-08-04Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15060 of 2015 1 SEENICHAMY 2 VIJAYAPANDI ... PETITIONER(S) / ACCUSED 1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, RAJATHANI POLICE STATION, THENI DISTRICT.

CRIME NO.197/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.VENKATA SUBRAMANIAN Advocate For Respondent : M/S.S.Prabha Government 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 and 2, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 143, 341 and 188 of I.P.C., in Crime No.197 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the de-facto complainant, on 21.07.2015, the accused have involved in picketing and disturbed the vehicle movement and caused nuisance to the public.

3. The learned counsel for the petitioners submitted that the petitioners obtained a loan from State Bank of India and even after discharge of the entire loan, the Bank did not permit the petitioners to redeem the jewels and due to the dispute, the first petitioner was attacked by the employee of the Bank, for which a case was registered against him in Crime No.195 of 2015, but the respondent has not taken any action against the accused. Therefore, a peaceful demonstration was held on 21.07.2015, for which the police have registered a false case. The learned counsel for the petitioners further submitted that the petitioners were granted bail in Crime No.196 of 2015 in Crl.O.P.(MD).No.14133 of 2015 for the complaint given against them by the Bank Manager.

4. Heard the learned Government Advocate (Crl.side). 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, Andipatti, Theni District 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 first petitioner shall appear before the respondent police as and when required and the second petitioner 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/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, RAJATHANI POLICE STATION, THENI DISTRICT.

+1. CC to M/S.P.VENKATA SUBRAMANIAN Advocate SR.No. 43914. TS/06.08.2015/2P - 6C kbm/SAR -I

ORDER

IN CRL OP(MD) No.15060 of 2015 Date :04/08/2015 https://hcservices.ecourts.gov.in/hcservices/