Chinnasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.1231 of 2016 1 CHINNASAMY 2 PATTURAJ 3 KANTHAIAH 4 CHINNA ANAIKUTTY PANDIAN 5 RAMACHANDRAN 6 MURUGAN S/O. MUTHIAH THEVAR, 7 GANESAN 8 SIVANUPANDIAN 9 CHELLA DURAI 10 PONNUSAMY 11 S.R. AYYADURAI @ AYYADURAI PANDIAN ... PETITIONERS/ACCUSED NOS.3,4& 6 TO 14 Vs STATE REP.BY THE INSPECTOR OF POLICE ACHANPUDUR POLICE STATON, TIRUNELVELI DISTRICT, CRIME NO. 150 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.R.A. RAMACHANDHRAN Advocate For Respondent : MR.P.KANNI THEVAN, 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.3,4 & 6 to 14, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 143, 188 and 283 of IPC, in Crime No.150 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2.The case of the prosecution is that the petitioners along with other accused persons went to garland of Muthuramalinga Thevar in Kasitharmam Village without getting any permission from the Government Officials. This act would lead to communal violence and law and order problem. Therefore, the case has been registered for the above said offences.
3.The case of the petitioners is that they are innocent persons and they have not committed any offence as alleged by the prosecution. The Muthuramalingam Thevar Statue was there for the past 15 years and there is no untoward incident happened in the village regarding any communal https://hcservices.ecourts.gov.in/hcservices/
clash. Due to the political motive, these petitioners have been falsely implicated in this case.
4.The learned Government Advocate (Crl.side) submitted that the petitioners along with other accused persons went to garland of Muthuramalinga Thevar in Kasitharmam Village without getting any permission from the Government Officials.
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 arrest or on their appearance before the learned Judicial Magistrate, Shencottah 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 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 for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioner 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/- 22/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE ,SHENKOTTAH 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE,ACHANPUDUR POLICE STATON, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S S.R.A. RAMACHANDHRAN Advocate SR.No.3989 AM CSL/JGB-DP/SAR-I/28.01.2016/2P/6C
ORDER
IN CRL OP(MD) No.1231 of 2016 Date :22/01/2016 https://hcservices.ecourts.gov.in/hcservices/