Sankara Narayanan v. Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CRL OP(MD) Nos.6880,6881, 6878 and 6879 of 2015 SANKARA NARAYANAN ... PETITIONER/ACCUSED NO.5 IN CRL OP(MD)Nos.6880, 6881 & 6879/2015 AND ACCUSED NO.3 IN CRL OP(MD)NO.6878/2015 Vs STATE REP.BY INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.
(CR.NO. 79 OF 2015 IN CRLOP(MD)NO.6880/15 CR.NO. 78 OF 2015 IN CRLOP(MD)NO.6881/15 CR.NO. 76 OF 2015 IN CRLOP(MD)NO.6878/15 CR.NO. 77 OF 2015 IN CRLOP(MD)NO.6879/15) .. RESPONDENT/COMPLAINANT IN ALL THE PETITIONS For Petitioner : M/S.S.R.DURAIRAJ Advocate in all the petitions For Respondent : K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) in all the petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(B), 506(ii) of I.P.C and Sections 3 and 4 of TNPPDL Act, in Crime Nos.79, 78, 76 and 77 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.
The case of the prosecution is that one Pitchaiya Thevar was murdered and thereafter, the accused in this case have caused damage to the property of the accused involved in the case of murder. 3.The learned counsel for the petitioners submitted that subsequent to the death of Pitchaiya Thevar, his relatives had gathered from the various villages and they have caused damage to the property of the accused. Since the de-facto complainant was not aware of the name of the real accused, the petitioners have been falsely implicated in this Case. 4.The learned Government Advocate (Crl.side) would submit that the accused have caused damage the property worth about Rs.11 lakhs and still communal tension is prevailing in that area. 5.
Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Srivaikundam and on executing a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/
Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Srivaikundam and on further condition that the petitioner in Crl.O.P.(MD).No.6878 of 2015 is directed to deposit a sum of Rs.10,000/- to the credit of Crime No.76 of 2015 on the file of the learned Judicial Magistrate, Srivaikundam and the petitioner in Crl.O.P.(MD).Nos.6879, 6881 and 6880 of 2015, is directed to deposit a sum of Rs.5,000/- in each case to the credit of Crime Nos.77, 78 and 79 of 2015 on the file of the learned Judicial Magistrate, Srivaikundam and on further condition that the petitioner shall stay at Tenkasi and appear before the Tenkasi Town Police Station daily at 10.00 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7.The petitioner 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/- 15/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,SRIVAIKUNDAM.
2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN. 3 THE OFFICER INCHARGE, TENKASI TOWN POLICE STATION,TENKASI.
4 THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, TUTICORIN DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+4 CCs to M/S.S.R.DURAIRAJ Advocate SR.No.18792
ORDER
IN CRL OP(MD) Nos.6880,6881,6878 & 6879 of 2015 Date :15/04/2015 PA/17.04.2015/2P/10C https://hcservices.ecourts.gov.in/hcservices/