Palmoni v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) Nos.24259 and 24428 of 2015 1 PALMONI S/O. THANGA RETHINAM 2 PRABHU @ THANGA SURESH S/O. CHELLAPPAN 3 NISHANTH S/O. MOHANDAS 4 SATHAN S/O. KUMARESAN @ MURUGESAN 5 KASI S/O. RAMASAMI 6 SRIPADAMANABHAN S/O. RAMAKRISHNAN 7 SOMASUNDARAM S/O. VELAYUDA PERUMAL NADAR 8 MURUGESAN S/O. SIVALINGAM 9 SUBIN S/O.CHELLASWAMY ..PETITIONERS/ACCUSED 7,8,11,12,18,24,25,34 AND 35 IN CRL OP(MD)No.24259 OF 2015 1 GOPALAN @ GOPALA KRISHNAN S/O. PANCHUPAZHAZM @ PONNAMBALAM 2 SANTHAKUMAR S/O. SUBRAMANIA NADAR 3 KANNAN S/O. THANGAVEL 4 NIKESH S/O. MOHANDHAS 5 BALAKRISHNAN S/O. PARAMASIVAN ..PETITIONERS/ACCUSED 1 TO 5 in CRL OP(MD)No.24428 of 2015 Vs.

STATE REP.BY THE INSPECTOR OF POLICE, ERANIEL POLICE STATION, KANYAKUMARI DISTRICT. CR.NO.864 OF 2015 ..RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS

For Petitioners in Both the Petitions : M/S L.VICTORIA GOWRI Advocate For Respondent in Both the Petitions : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) For Intervenor in Both the Petitions : MR.MANIMARAN, Advocate PETITIONS 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 5, 7,8,11,12,18,24,33 & 35, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(B), 324, 506(ii) of IPC and Section 3(1) of TNPPDL Act, in Crime No.864 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the accused persons threatened the defacto complainant and assaulted her and pushed her down and thereafter, the fourth accused pulled the hair of the defacto complainant's wife and threatened her and others caused damages to the windows and cars of the defacto complainant.

3.The case of the petitioners is that they are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. 4.The learned counsel for the intervenor submitted that the petitioners and other accused entered into the premises of the defacto complainant and damaged the properties and there is no violation of the orders passed by the District Collector and they strictly followed the orders and the petitioners and other accused damaged the property worth Rs.2,65,200/- and still police picketing is there. 5.The learned Government Advocate(Crl.side) submitted that there is a communal dispute between two groups and the petitioners threatened the defacto complainant and assaulted her and pushed her down and thereafter, the fourth accused pulled the hair of the defacto complainant's wife and threatened her and others caused damages to the windows and cars of the defacto complainant and the investigation is pending and still police picketing is there.

6.Considering the facts and circumstances of the casethis 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, Eraniel 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 reside at Trichy and appear before the Trichy Cantonment Police station daily at 10.30 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/- 11/01/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, ERANIEL.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL.

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

4 THE INSPECTOR OF POLICE ERANIEL POLICE STATION, KANYAKUMARI DISTRICT. 5 THE INSPECTOR OF POLICE, TRICHY CANTONMENT POLICE STATION, TRICHY.

+2CC to M/S L.VICTORIA GOWRI Advocate SR.Nos.1853 and 1856 akm/20.01.2016/ 3p- 8c/AAL/MPA/SAR-II

ORDER

IN CRL OP(MD)Nos.24259 and 24428 of 2015 Date :11/01/2016