Kannan v. The Sub-Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14145 of 2017 1 KANNAN 2 MANIKANDAPRABU 3 KALYANI 4 THANGARAJ 5 MAREESWARAN ... PETITIONERS/ACCUSED Nos.1 to 5 Vs THE STATE REP.BY, THE SUB-INSPECTOR OF POLICE, AMMAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT (CRIME NO.67 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.M.SOLAISAMY Advocate For Respondent : MR.K.ANBARASAN, Government 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 accused Nos.1 to 5 apprehend arrest at the hands of the respondent police for the offences punishable under Sections 143 & 188 IPC in Crime No.67 of 2017, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 04.10.2017, the respondent police was deputed for police protection to the pongal festival at Selliyaramman Temple at Sattur. While procession on the way of temple, these petitioners blocked the road and created nuisance in order to affect the flow of traffic. Thereby, law enforcing agency even police personals requested to disperse the road. But the petitioners refused and raised slogans against the police personals. Thereby, the law enforcing agency lodged a compliant against the petitioners.
3. The learned counsel for the petitioners submitted that the petitioners are devotee of Selliyaramman and taken Mulaippari towards temple at the time there was a wordy quarrel in between the defacto complainant police and petitioners and they have not committed any offence as alleged by the prosecution and they prayed for enlargement of anticipatory bail.
4.The learned Government Advocate (Crl.side) appearing for the State submitted that the petitioners created nuisance to the general public whereby the law enforcing agency registered a complaint against the petitioners.
5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that the petitioners created nuisance to the general public, I am 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Virudhunagar, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the petitioners 1, 2, 4 & 5/A 1, 2, 4 & 5 shall report before the Ammapatti Police Station daily at 10.00 a.m., for a period of two weeks and thereafter, as and when required for interrogation and the third petitioner/A3, being a lady shall appear before the investigating Officer as and when required for interrogation;
(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer; (iv) the petitioners shall not commit any offence while on bail;
(iv) 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 and the anticipatory bail granted stands cancelled automatically.
sd/- 23/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.1 VIRUDHUNAGAR 2 THE CHEIF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE SUB-INSPECTOR OF POLICE AMMAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER
IN CRL OP(MD) No.14145 of 2017 Date :23/10/2017 PK/CM-MSA/SAR-4/26.10.2017 : 3P/5C