Anthony Viyahappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5845 of 2018 1 ANTHONY VIYAHAPPAN 2 MICHEAL 3 JEYAKUMAR 4 RAJ 5 SARAVANAN 6 KENNADY 7 IRUDHAYARAJ 8 KALIAPPAN 9 ADAIKALAM 10 SAVARIRAJ 11 ANANTH 12 BASKAR 13 SOOSAI 14 MICHEAL 15 JOHNPAUL 16 RAJA 17 ANTHONY 18 DESMOND 19 CHARLES 20 KAPPAL 21 PAYAS 22 JOSE 23 RUBAN 24 JEYASEELAN 25 SEBASTHIYAN 26 JOHN MICHEAL 27 CHARLES 28 RAJA 29 PRABAKARAN 30 ASPAN 31 KOTTAR 32 INNASI 33 CHARLES 34 SELVAKUMAR ... PETITIONERS / ACCUSED NOS.1 TO 7, 9,10,11,12,14 TO 36 Vs

THE INSPECTOR OF POLICE ALWARKURICHI POLICE STATION, TIRUNELVELI DISTRICT.

TIRUNELVELI.

IN CR NO. 23 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.T.LAJAPATHIROY Advocate For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 143, 188, 147, 294(b) 290, 291, 353, 323, 506(ii) of IPC and Section 3 A of the Town Nuisance Act, 1889 and Section 5(1) of the Noise Pollution (Regulation and Control) Rules 2000 in Crime No.23 of 2018 on the file of the respondent police, seek anticipatory bail. 2.Since the defacto complainant is a Head Constable who as abused, this Court suggested to the learned counsel for the petitioners that the petitioners can go in person to the respondent police and express their regret. Pursuant to the suggestion made by this Court, the petitioners herein had gone to the respondent police and expressed their regret.

3.Recording the said conduct of the petitioners herein, this Court is 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 before the learned Judicial Magistrate Court, Ambasamuthiram, Tirunelveli District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with common sureties 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. 4.The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 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 shall stand dismissed. sd/- 16/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

skm TO 1 THE JUDICIAL MAGISTRATE AMBASAMUTHIRAM, TIRUNELVELI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE ALWARKURICHI POLICE STATION, TIRUNELVELI DISTRICT, TIRUNELVELI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

GJM/RR/CSL/RNB/19.4.18-3P-5C

ORDER

IN CRL OP(MD) No.5845 of 2018 Date :16/04/2018