K.Pitchai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15410 of 2017 1 K.PITCHAI 2 S.MUTHUKUMAR ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT (CR.NO. 187 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.V.NAGARAJAN 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 petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 279, 143, 188 and 353 of I.P.C., r/w Section 179 of M.V. Act, in Crime No.187 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 11.09.2017, the petitioner and other accused violate the prohibition order imposed by Superintendent of Police and they are went to Paramakudi in Mahindra Zylo Car in order to attend the Freedom Fighter Immanuel Sekaran Gurupoojai Function, thereby the law enforcing agency was registered a case as against the petitioner.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that this Court already granted anticipatory bail to other accused. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that did not dispute the facts of the case and he also conceded other accused persons were granted anticipatory bail https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate

(Crl.side) that did not dispute the facts of the case and he also conceded other accused persons were granted anticipatory bail, 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Aruppukkottai, 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 shall report before the respondent police as and when required;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iii) 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/- 13/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI.

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.V.NAGARAJAN Advocate SR.No.34277

ORDER

IN CRL OP(MD) No.15410 of 2017 Date :13/11/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PM-PN-SAR 4/16.11.2017/2P-6C