A. Natarajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15172 of 2017 A. NATARAJAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE PARAMAKUDI POLICE STATION, RAMANATHAPURAM DISTRICT, CRIME NO. 552/2017. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.SELVARAJ 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 petitioner, who is arrayed as Accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 143 and 188 of I.P.C. r/w. 177 of M.V. Act, in Crime No.552 of 2017, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that every year in memory of Immanuel Sekaran during the month of September homage was paid at his cemetry. In order to regulate the crowd, the District Collector has passed an order in Roc C2 38456/2017 dated 08.09.2017 under Section 144(1) of Cr.P.C. When the said order was in force, on 11.09.2017, the petitioner violated the said order. Hence, the respondent police registered a case against the petitioner for the above said offences.
3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl.side) appearing for the State submitted that the investigation has almost been completed.
5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties 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 respondent police, as and when required for interrogation;
(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(iii) the petitioner shall not abscond either during investigation or trial;
(iv) the petitioner shall not commit any offence while on bail; (v) 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/- 08/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,PARAMAKUDI.
2 THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM DISTRICT. 3 THE INSPECTOR OF POLICE PARAMAKUDI POLICE STATION, RAMANATHAPURAM DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH Court,MADURAI.
+1. CC to M/S.D.SELVARAJ Advocate SR.No.34054
ORDER
IN CRL OP(MD) No.15172 of 2017 Date :08/11/2017 MV:SM:SAR3:13/11/2017/2P/6C