L.Hariharan @ Thomas v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.285 of 2015 1 L.HARIHARAN @ THOMAS 2 H. JESODOSS 3 I. DANIEL WILSON ..PETITIONERS/ACCUSED 1 TO 3 Vs.
STATE REP.BY THE INSPECTOR OF POLICE AMBASAMUDRAM POLICE STATION, TIRUNELVELI DISTRICT.
CRIME NO.346/2014 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.V.ILLANCHEZIAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.346 of 2014, on the file of the respondent police for the offence under Section 295(A)IPC, the petitioners are now before this Court seeking Anticipatory Bail.
2. It is the case of the prosecution that these petitioners were having celebrations on the eve of Christmas and were making disparaging references to co-religionists. Hence, this complaint has been filed.
3. Taking into consideration of the facts and circumstances the case, I am inclined to grant anticipatory bail to the petitioners, but with conditions.
4. 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.I, Ambasamudram on executing a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) The petitioners shall stay at Madurai and report before the Gandhi Museum, Madurai every day at 10.30 a.m. and take part in the activities of the Museum for a period of two weeks and the curator, of the Museum is directed to send a report before the Court after two weeks. [b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
https://hcservices.ecourts.gov.in/hcservices/ [d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the
petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
sd/- 09/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, AMBASAMUDRAM, TIRUNELVELI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, AMBASAMUDRAM POLICE STATION, TIRUNELVELI DISTRICT.
5 THE OFFICER INCHARGE, CURATOR, GANDHI MUSEUM, MADURAI. +1. CC to M/S.V.ILLANCHEZIAN Advocate SR.No.1476 ORDER IN CRL OP(MD) No.285 of 2015 Date :09/01/2015 PBK 19/01/2015 ::2P-7C:
https://hcservices.ecourts.gov.in/hcservices/