Sivakumar v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11167 of 2016 1 SIVAKUMAR 2 DINESHKUMAR 3 SARAVANAN 4 KRISHNAMOORTHY ... PETITIONERS/ACCUSED No.1 TO 4 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
IN CR.NO. 483/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.THIRUNAVUKKARASU Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for an alleged offence punishable under Section 188 of IPC and Section 3(10) of Tamil Nadu Town Nuisance Act 1889, in Crime No.483 of 2016, seek anticipatory bail.
2. The case of the prosecution is that the petitioners are alleged to have used high volume of speaker in the cultural programme between 10.00 pm to 1.00 pm without getting any permission. On complaint, a case has been registered against the petitioners.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) submitted that permission was granted only up 11.00 pm, but, beyond the time limit, the petitioner conducted the cultural programme till 1.00 am and caused nuisance to the general public and prayed for dismissal of this petition.
5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. 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 of receipt of a copy of this order, before the learned Additional District Munsif cum Judicial Magistrate, Aruppukkottai, Virudhunagar District on condition that each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties https://hcservices.ecourts.gov.in/hcservices/
each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police daily at 10.00 am until further orders.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
[d] 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 as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 12/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ARUPPUKKOTTAI,VIRUDHUNAGAR DISTRICT.
2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE SUB INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to M/S M.THIRUNAVUKKARASU Advocate SR.No.35903
ORDER
IN CRL OP(MD) No.11167 of 2016 Date :12/07/2016 PA/SK-SKN/SAR III/14.07.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/