S. Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14618 of 2017 S.MURUGESAN ... PETITIONER / ACCUSED NAME NOT MENTIONED IN THE F.I.R Vs THE STATE REP.BY, THE INSPECTOR OF POLICE NARIKUDI POLICE STATION, IN CR NO. 188/2017 VIRUDHUNAGAR DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.LINGARASU Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 279, 143, 188, 353 of I.P.C., and Section 179 of Motor Vehicles Act, 1988, in Crime No.188 of 2017 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that the District Collector imposed 144 proceeding in Ramnad District in order to maintain law and order problem due to the death anniversary of Immanuvel Sekaran, the petitioner violated the ban imposed by the District Collector. Thereby, the respondent police registered a complaint against the petitioner under Section 188 of I.P.C.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he did not committed any offence as alleged by prosecution.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police would submit that the petitioner violate the condition imposed by the District Collector. Thereby, the case was registered by the respondent police against the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Aruppukottai, Virudhunagar District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) 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 petitioner shall report before the investigation officer, as and when required on receipt of summon;

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioner 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 petitioner in accordance with law and the anticipatory bail granted stands cancelled automatically.

sd/- 31/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.LINGARASU Advocate SR.No.33507 ORDER IN CRL OP(MD) No.14618 of 2017 Date :31/10/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PM-PN-SAR 3/3.11.2017/2P-6C