Madras High CourtCRL OP(MD)/16929/2015ordered

Murugesan v. The State Rep The Ins Police

2015-09-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16929 of 2015 1 MURUGESAN 2 VELUCHAMY 3 SIVA KUMAR 4 SRIVAIKUNDAM 5 MALAIKANI 6 RAMESH 7 * SELVAVEERARAJA ... PETITIONERS/ACCUSED RANK NOT KNOWN (Amended vide court order dated:29/09/2015 made in MP.(MD).No. 1 of 2015 in Crl.OP.(MD).No.16929/2015) Vs.

STATE REP.BY THE INSPECTOR OF POLICE, KARIVALAMVANTHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.241 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.M.RAMU Advocate For Respondent : MRS.S.PRABHA, 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 7, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 447, 294(b), 506(ii) of IPC and Section 3 of TNPPDL Act, in Crime No.241 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.According to the defacto complainant, on 23.08.2015 at about 8.00 p.m., the accused have damaged the road and causing inconvenience to the general public.

3.The learned counsel for the petitioners submitted that the defacto complainant is the President of Mangudi Panchayat and for misappropriation of the public fund, the accused has already filed a writ petition in W.P.No.7640 of 2015 against the defacto Complainant which is pending consideration.

4.It is further contended that the defacto complainant has encroached the drainage channel and also constructed a building causing inconvenience to public, which was objected by the accused and therefore, a false complaint was given against them. 5.The learned Government Advocate (Crl.side) submitted that the petitioners 1 to 3 have already been arrested, hence, this petition is dismissed in respect of the petitioners 1 to 3. https://hcservices.ecourts.gov.in/hcservices/

6.Considering the facts, this Court is inclined to grant anticipatory bail to the petitioners 4 to 7, with certain conditions. Accordingly, the petitioners 4 to 7 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sankarankovil and on 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 4 to 7 shall appear before the respondent police daily at 10.00 a.m., for a period of two weeks. The petitioners 4 to 7 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners 4 to 7 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/- 02/09/2015 Time is extended by two weeks from the date on which, the order copy is made ready on condition that the petitioner shall pay a sum of Rs.5000/- to the M/s.The Sevan Trust, K.S.Sudhakar, No.4, Panthadi 3rd Street, Near Naicker Palace, Madurai-1, within a period of one week from today and also directed to produce the receipt before the lower court, failing which, this order shall stand cancelled automatically, without further reference to this court.

/ TRUE COPY / Sub-Assistant Registrar TO TO BE SUBSTITUTED FOR THE ORDER ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR.

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

4 THE INSPECTOR OF POLICE, KARIVALAM VANTHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

5 M/s.The Sevan Trust, K.S.Sudhakar, No.4, Panthadi 3rd Street, Near Naicker Palace, Madurai-1, +1. CC to M/S.M.RAMU Advocate SR.No.51177 Akm/04.09.2015 /2p-6c/ sm:RR.SKS:SAR II:05.10.2015:2P/7c ORDER IN CRL OP(MD) No.16929 of 2015 Date :02/09/2015 https://hcservices.ecourts.gov.in/hcservices/