Adithan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.10305 of 2017 1 ADITHAN 2 VELLADURAI 3 ANBALAGAN 4 RAJESH 5 KATHIRESH 6 PONARASU 7 ARULSELVAN ... PETITIONERS/ACCUSED 1TO7 Vs STATE THROUGH THE SUB INSPECTOR OF POLICE MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT CR.NO.156/2017 ... RESPONDENT/COMPLAINANT For Petitioner : Mr.A.P.MUTHU PANDIAN Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/accused No.1 to 7, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 353, 147 and 506(ii) of IPC, in Crime No.

156 of 2017, on the file of the respondent police seek anticipatory bail. 2.The case of the prosecution is that on 01.07.2017 the temple committee has arranged the first day temple festival of Arulmighu Muthumalaiamman Temple, Mukkudal. In order to perform poojas, the temple workers were assembled there, at the time, the petitioners/A1 to A7 along with the village people came there and quarrelled with the defacto complainant and prevented the work of the temple committee, out of which the accused persons along with the village people were hoisting the flag and locked the room, which was used by the defacto complainant. The same was informed to the law enforcing agency by lodging a complaint on 03.07.2017 against the petitioners/A1 to A7 for the above said offences.

3.The learned counsel for the petitioner would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Moreover, the temple festival itself is over as on date.

4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that due to the action of the petitioners, the village festival was interrupted and he also confirmed that now the festival is over.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) appearing for the State, I am 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, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Cheranmahadevi, on condition that each of the petitioners shall execute a bond for a sum of Rs.

25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioners are ordered to stay at Tiruchendur for a period of two weeks and they shall report before the Tiruchendur Taluk Police Station, daily between 10.00 a.m. to 11.00 a.m., for a period of two weeks and thereafter as and when required; (ii) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioners shall not commit any offence while on bail;

(v) 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 and the anticipatory bail granted stands cancelled automatically. sd/- 09/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE CHERANMAHADEVI

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE SUB INSPECTOR OF POLICE MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT THE OFFICER INCHARGE, TIRUCHENDUR TALUK POLICE STATION, TIRUCHENDUR.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.A.P.MUTHU PANDIAN Advocate SR.No.32457

ORDER

IN CRL OP(MD) No.10305 of 2017 Date :09/10/2017 PJL SH/RR-BS/SAR-1:12.10.2017: 3P/7C