Darma Krishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21822 of 2015 1 DARMA KRISHNAN 2 THIRUVENI 3 RAJALAKSHMI 4 BALASUBRAMANIAN 5 RAJENDRAN 6 JOTHI MURUGAN 7 VENKATESWARI 8 AVUDAITHAI 9 NAVANEETHAN 10 JEYARAM 11 SANKAR 12 JOTHI ... PETITIONERS/ACCUSED Nos. 1 to 12 Vs STATE REP BY THE INSPECTOR OF POLICE MALLI POLICE STATION, VIRUDHUNAGAR DISTRICT.
(CR.NO. 158/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.MARIMUTHU Advocate For Respondent : MR.K.ANBARASAN 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 12, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 341, 353 and 506(i) of IPC, in Crime No.158 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2.The case of the prosecution is that on 07.11.2015 at 11.30 hours the defacto complainant and Revenue Officials went to the place of incident to remove the encroachment in the pathway and these petitioners prevented the officials from discharging their duties, therefore a case has been registered for the above said offences.
3.The case of the petitioners is that the Tahsildar, Srivilliputtur Taluk issued a notice to the Dasaratha Perumal to remove the encroachment on or before 07.11.2015. The said Dasaratha https://hcservices.ecourts.gov.in/hcservices/
Perumal filed a writ petition before the this Court in W.P.(MD) No.20083 of 2015 and this Court by the order, dated 05.11.2015 granted interim stay of the proceedings in Na.Ka.No.A1/12464/2015, dated 28.10.2015 and even after that the Revenue Officials demolished the super structure and caused loss to the petitioners. 4.The learned Government Advocate (Crl.side) submitted that the investigation is pending.
5.Considering the facts and circumstances of the case and also considering the fact that the interim order granted by this Court in W.P.(MD)No.20083 of 2015, dated 05.11.2015, 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.II, Srivilliputtur and on each of them 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 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.
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/- 19/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II,SRIVILLIPUTTUR 2 THE CHIEF JUDICIAL MAGISTRATE,VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE MALLI POLICE STATION,VIRUDHUNAGAR DISTRICT.
4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.21822 of 2015 Date :19/11/2015 AA/DP-JGB/SAR-II/24.11.2015/2p-5c https://hcservices.ecourts.gov.in/hcservices/