Madras High CourtCRL OP(MD)/5617/2018allowed

Asaraf v. The Inspector Of Police

2018-04-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) Nos.5617 & 5626 of 2018 1 ASARAF 2 SONAKANNAN @ KANNAN 3 GUNASEKARAN 4 KARAI SAKTHI @ SAKTHI ... PETITIONERS/ACCUSED 3 to 5&7 IN BOTH THE PETITIONS Vs THE STATE BY, THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.114 of 2018 ... RESPONDENT/COMPLAINANT IN CRL OP(MD)No.5617/2018 CRIME NO.115 oF 2018 ... RESPONDENT/COMPLAINANT IN CRL OP(MD)No.5626/2018 For Petitioners : M/S.D.VENKATESH, Advocate IN BOTH THE PETITIONS For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 341 & 506(ii) IPC and Section 3(1) of TNPPDL Act, 1992 in Crime No.114 of 2018, seek anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

https://hcservices.ecourts.gov.in/hcservices/ 3.During the Cauvery water issue, the petitioners damaged the bus and water tank to the tune of Rs.5,000/-.

4.The learned Government Advocate (Crl. side) appearing for the respondent police submitted that investigation is pending. 5.Considering the nature of allegation made against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners shall pay a sum of Rs.5,000/- to the concerned Corporation directly and produce the original receipt before the Trial Court at the time of surrender. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Karaikudi and on their executing a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) with two common sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 10/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI, SIVAGANGAI DISTRICT. 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CC to M/S.D.VENKATESH Advocate SR.Nos.5808, 5809 ORDER IN CRL OP(MD) No.5617& 5626 of 2018 Date :10/04/2018 https://hcservices.ecourts.gov.in/hcservices/ PK/RR-CSL/SAR-2/16.04.2018 : 2P/7C