Thavam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) Nos.4924 to 4929 of 2018 1 THAVAM 2 VELLAIAMMAL ... PETITIONERS/ACCUSED(RANK NOT KNOWN) IN CRL OP(MD)No.4924/2018 1 MANORENJAN 2 DHURUVAN 3 GURU PRABU 4 NAGA PRABU 5 AJITH KUMAR 6 VIGNESH ... PETITIONERS/ACCUSED(RANK NOT KNOWN) IN CRL OP(MD)No.4925/2018 1 SINGARAM 2 PORSELVI 3 KANNAN 4 BALASUNDARAM 5 SATHIYANARAYANAN 6 SARAVANAN ... PETITIONERS/ACCUSED(RANK NOT KNOWN) IN CRL OP(MD)No.4926/2018 1 AAKASH 2 RAKESH 3 ABINESH 4 ARUN PRATHAP 5 VIVEK ... PETITIONERS/ACCUSED(RANK NOT KNOWN) IN CRL OP(MD)No.4927/2018 1 CHITRA 2 CHINNAPONNU 3 VENKATACHALAPATHI 4 CHINNAPONNU 5 MUTHALAGI 6 PITCHAYAMMAL 7 MALLIGA RANI 8 SURYA 9 VELLAIAMMAL ... PETITIONERS/ACCUSED(RANK NOT KNOWN) IN CRL OP(MD)No.4928/2018
1 MUTHU 2 MUTHUKUMARAN 3 SYED KAREEM ... PETITIONERS/ACCUSED(RANK NOT KNOWN) IN CRL OP(MD)No.4929/2018 Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, APPAN THIRUPATHI POLICE STATION, MADURAI DISTRICT.
IN CR.NO. 89/2017 ... RESPONDENT/COMPLAINANT IN ALL THE PETITIONS For Petitioners : M/S.R.GANDHI, Advocate IN ALL THE PETITIONS For Respondent : M/S.A.P.G.OHM CHAIRMA PRABU, Government Advocate (Crl.Side)IN ALL THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341 and 353 of IPC and Section 4 of TNPPDL Act in Crime No.89 of 2017 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that on 18.04.2017, the petitioner along with 25 other accused persons damaged the thatched shed and the fence put up around the TASMAC shop situated in Nayakanpatti Village. When the defacto complainant prevented them, the accused persons threatened him. Hence, the defacto complainant lodged a complaint before the respondent police. Therefore, the respondent police registered a case in Crime No.89 of 2017. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any of the offences as alleged by the prosecution. Only due to the previous enmity, the defacto complainant lodged this false complaint. Hence, he prays for anticipatory bail. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that the investigation is still pending. 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 No.V, Madurai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties 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 as and when required. The petitioners shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.
sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISRATE NO.V, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE, APPAN THIRUPATHI POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+6. CC to M/S.R.GANDHI, Advocate SR.Nos.5209 to 5214
ORDER
IN CRL OP(MD) Nos.4924 to 4929 of 2018 Date :02/04/2018 PK/RR/SAR-1/05.04.2018 : 3P/11C