Chella Thevar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of September Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.18008 of 2015 1 CHELLA THEVAR 2 RAJA 3 SUNDAR 4 MURUGAN 5 CHANDRAN 6 SAKTHI 7 RAJA 8 THANGAM 9 PRABU 10 RAMAKRISHNAN 11 SOMASUNDARAM 12 KANNAN 13 KANNAN 14 SANTHANAM 15 MAYANDI 16 JEGANATHAN 17 CHELLACHAMY 18 SEKAR 19 RAJA 20 RAMAYEE 21 PETCHI 22 RAKKAYEE 23 MEENA 24 PARTHIBAN 25 PALANI 26 RAJA 27 IRULPONNU 28 SHEELA ... PETITIONER/ACCUSED NOS.1 to 7, 9 to 12, 14 to 17, 19 to 31 Vs STATE REP.BY THE INSPECTOR OF POLICE A. MUKKULAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO. 90 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S A.S.RAJESWARI Advocate For Respondent : M/S.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 A1 to A7, A9 to A12, A14 to A17, A19 to A31, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 427, 379(NP) and 506(ii) of I.P.C., r/w 4 of W/H Act, in Crime No.90 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that on 02.09.2015 there was a dispute over celebrating the temple festival, the petitioners attacked the de-facto complainant and caused injuries. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) submitted that the injured had been discharged from the hospital and it is a case and case in counter.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Aruppukkottai and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with single surety for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners No.20, 21, 22, 23, 27 and 28 shall appear before the respondent police as and when required for interrogation and the petitioners No.1 to 19 and 24 to 26 shall appear before the respondent police daily at 10.00 a.m., until further orders. 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/- 16/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT

3. THE INSPECTOR OF POLICE,A. MUKKULAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S A.S.RAJESWARI Advocate SR.No.54948

ORDER

IN CRL OP(MD) No.18008 of 2015 Date :16/09/2015 GJM/JGB/DP/SARII-22.9.15-2P-6C