R.Karuppasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.5249 of 2015 1 R.KARUPPASAMY 2 A.ARCHUNAN 3 S.RAMASAMY 4 S.VENGATRAJ 5 KARUPPIAH ... PETITIONERS/ACCUSED NO.1 TO 5 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT CRIME NO. 120 OF 2015. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.P.SENGUTTUARASAN Advocate For Respondent : M/S.K.V.RAJARAJAN, 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 to A5, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 465, 468, 420, 294(b), 506(i) I.P.C in Crime No. 120 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2.The case of the prosecution is that the petitioners, who are erstwhile office bearers of Sri Mariamman Kovil, were unlawfully interfered in the administration of the temple and also collected rent from the shops belonging to the temple and also opened the hundial of the temple without proper permission. 3.The learned counsel for the petitioners submitted that there is a dispute between the present Trustees and the erstwhile Trustees over celebrating festival of Mariamman Temple and therefore, a false complaint was given against the petitioners.
4.The learned Government Advocate(Crl.side) submitted that due to dispute between the petitioners and the defact complainant, Peace Committee was formed and the temple is being maintained by the defacto complainant's party. It is further submitted that the temple festival is already over.
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4. Considering the facts of this case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sivakasi, on each of them 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 learned Magistrate concerned and on further condition that the petitioners 1 to 4 shall appear before the respondent police daily at 10.30 a.m until further orders and the fifth petitioner shall appear before the respondent police as and when required for interrogation. 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/- 03/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE SIVAKASI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4.THE INSPECTOR OF POLICE THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT +1. CC to M/S.P.SENGUTTUARASAN Advocate SR.No.27442 RL/6 C- 5/6/2015
ORDER
IN CRL OP(MD) No.5249 of 2015 Date :03/06/2015 https://hcservices.ecourts.gov.in/hcservices/