Varatharajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19884 of 2015 1 VARATHARAJAN 2 SENTHOORPANDIAN 3 RAMARPANDI@RAMAR PANDIYAN 4 RAMALINGAM 5 THIRUNAVAKKARASU 6 MUTHUKUMAR 7 SARAVANAKUMAR 8 BOOMINATHAN 9 K. BOSE 10 RAMACHANDRAN 11 ARUNACHALAM ... PETITIONERS/ACCUSED 1,2,3,4,7,10,14,16,18,34 (CRIME NO.184/2015) AND 35 Vs THE STATE THROUGH THE INSPECTOR OF POLICE ABIRAMAM POLICE STATION RAMNAD DISTRICT.

(CRIME NO.184/15) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.J.CHAKKARAVARTHY 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, A2, A3, A4, A7, A10, A14, A16, A18, A34 and A35 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 332, 353, 324 and 307 of IPC in Crime No.184 of 2015 and hence, seek anticipatory bail.

2.According to the defacto complainant, the villagers of Seyyamangalam Village, Kamuthi Taluk, Ramnad District were participating in Kumbhabisekam function in a temple called Poongulalee Amman Kovil and a Trust was formed under one Chockalingam and the opposite group headed by Varadharajan opposed the renovation of the temple and on 2.10.2015 at night 10.15 p.m., after the Aadal Paadal programme, when the defacto complainant was https://hcservices.ecourts.gov.in/hcservices/

proceeding to his house, the accused people waylaid and attacked with deadly weapons.

3.The learned counsel for the Petitioners submitted that the temple festival was conducted by the accused party. While so, on 2.8.2015, the defacto complainant party entered into the temple with deadly weapons and attacked the accused party and thereafter lodged a false complaint against the poor villagers namely 50 persons. 4.The learned Government Advocate(Crl.Side) submitted that the Petitioners have formed an unlawful assembly and not only attacked the defacto complainant party in Crime No.184 of 2015, but also attacked the Sub-Inspector of Police for which concerned and a case was registered against the Petitioners in Crime No.186 and 187 of 2015. It is further submitted that tension is still prevailing in that locality and the injured persons have already been discharged from the hospital.

5.Considering the facts and circumstances of the case and considering the fact that the Petitioners are poor villagers and injured had already been discharged from the hospital, 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 Judicial Magistrate,Kamuthi, Ramnad District and on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with one surety each for a like sum to the satisfaction to the learned Magistrate concerned and on further condition that the petitioners shall reside at Dindigul and appear before the Dindigul Town North Police Station daily at 10.00 A.m until further orders. The petitioners shall comply with the condition 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 made ready failing which, the petition for anticipatory bail stands dismissed.

Sd/- 16/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, KAMUTHI, RAMNAD DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ABIRAMAM POLICE STATION, RAMNAD DISTRICT.

5.THE OFFICER-IN-CHARGE, DINDIGUL TOWN NORTH POLICE STATION,DINDIGUL +1. CC to M/S S.J.CHAKKARAVARTHY Advocate SR.No.61909 RL/7 C- 26/10/2015 ORDER IN CRL OP(MD) No.19884 of 2015 Date :16/10/2015 https://hcservices.ecourts.gov.in/hcservices/