Jothiraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.4468 of 2018 1 JOTHIRAJ 2 BHARATH RAJA 3 RAJARATHINAM 4 ESTHER 5 VIJAYALAKSHMI ... PETITIONERS / ACCUSED Nos.2,3,4,5 & 6 Vs STATE THROUGH THE INSPECTOR OF POLICE SOOLAKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT , IN CR.NO. 86/2018 ... RESPONDENT For Petitioners : M/S.R.ALAGUMANI Advocate For Respondent : Mr.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A2 to A6, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 353 and 307 IPC., r/w 109 IPC., in Crime No.86 of 2018, seek anticipatory bail.
2. The case of the prosecution is that on 07.03.2018, when the defacto complainant and other faculties stand in front of their School portico, the petitioners came with stick and one, Beemarav came with Kerosene can and tried to set off fire on them. Thereafter, the accused abused the defacto complainant and others by using filthy language and criminally intimidated them. Hence, the case has been registered for the above said crime. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, they are no way connected with the offence, as alleged by the prosecution and prays for grant of anticipatory bail to the petitioners.
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4. The learned Government Advocate (Criminal Side) appearing for the State submitted that the occurrence was happened inside the school campus. According to the prosecution, the investigation is at initial stage. Hence, he prays for dismissal of this petition.
5. The submissions made by the learned counsels appearing for either side are considered. It is alleged that on 07.03.2018, the petitioners herein are unlawfully entered into the school campus and poured kerosene on the teachers, who are standing in the portico and attempted to set fire. The alleged offence was committed inside the school campus. Ultimately, it appears that the petitioners are taking law in their own hands and committed the said offence. So, the offence committed by the petitioners is nothing but a heinous one. Thereby, if these type of petitioners are released on anticipatory bail, there may be a chance for tampering the witness and hampering the investigation. Hence, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.
sd/- 21/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE SOOLAKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.ALAGUMANI Advocate SR.No.4533 PJL JAM/03/04/2018/ RR / SAR 1 / 2P-4C
ORDER
IN CRL OP(MD) No.4468 of 2018 Date :21/03/2018 https://hcservices.ecourts.gov.in/hcservices/