Chithambaram v. The Sub Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16298 of 2015 1.
CHITHAMBARAM 2.
MURUGESAN 3.
GANESH 4.
RAJANGAM 5.
MALLIGA 6.
NAGAMMAL 7.
VAIRAM 8.
CHINNAIAH 9.
MEIYAPPAN 10.
MARUTHAIAH 11.
AKILANDAN 12.
INDRA 13.
RAMACHANDRAN 14.
KAVITHA 15.
SOLAI 16.
KALYANI ... PETITIONERS / ACCUSED 1 to 16 Vs THE STATE THROUGH REP. BY THE SUB INSPECTOR OF POLICE, KARAIYUR POLICE STATION PUDUKOTTAI DISTRICT (CRIME No.98 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S P.GANAPATHI SUBRAMANIAN Advocate For Respondent : MRS.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 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 427, 506(ii) IPC and Section 3 of TNPPDL Act in Crime No.98 of 2015 and hence, seek anticipatory bail.
2.It is alleged in the complaint that the petitioners assaulted and threatened the defacto complainant. Due to previous enmity, the petitioners demolished the compound wall.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution.
4. The learned counsel appearing for the intervenor would oppose the granting of anticipatory bail to the petitioners by contending that the petitioners have three previous cases and they have damaged the entire compound wall of the defacto complainant.
5. Heard the Government Advocate (Crl. Side) appearing for the State.
6. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned District Munsif-cum-Judicial Magistrate, Thirumayam, Pudukkottai District, and on each of them executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction to the learned Magistrate concerned and on further condition that the petitioners shall deposit Rs.75,000/- (Rupees seventy five thousand only) to the credit of Crime No.
98 of 2015 without prejudice to their rights in the criminal case and subsequently, the learned Magistrate shall deposit the same in any one of the nationalized banks in recurring deposit till completion of trial. 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 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/- 25/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE SUB INSPECTOR OF POLICE, KARAIYUR POLICE STATION PUDUKOTTAI DISTRICT
2. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUMAYAM, PUDUKKOTTAI DISTRCT.
3.
THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S P.GANAPATHI SUBRAMANIAN Advocate SR.No.49032 +1 CC to M/S.D.SADIQ RAJA Advocate, SR No.49635
ORDER
IN CRL OP(MD) No.16298 of 2015 Date :25/08/2015 3P / 7C SH/AMF/LIB : 01.09.2015