Veyil Muthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15566 of 2017 1 VEYIL MUTHU 2 KARTHICK @ MADASAMY 3 IYYAPPAN @ SWAMY IYYAPPAN 4 AYIRAM 5 RAMNATH 6 RAJA @ RAJAKKAN 7 SOOSAI @ SOOSAYAPPARAJ ... PETITIONERS/ ACCUSED 3,4,5,6,7,8,10 Vs STATE REP. BY THE INSPECTOR OF POLICE THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT CRIME No.316 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : Mr.T.SELVAN 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.
3 to 8 and 10, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 506(ii) and 109 of I.P.C. r/w. Section 153(A)(1)(a) of I.P.C., in Crime No.316 of 2017, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 29.09.2017, the petitioners along with A1 and A2 constructed a bar in the locality. The residents of the locality made objection and thereby, the petitioners and other accused persons attacked the residents of the locality. Thereafter, one of the residents lodged a complaint before the respondent police for the above said offences. 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.
petitioners and other accused constructed only a shelter for the employees.
4. The learned Government Advocate (Crl.side) appearing for the State submitted that this Court has already been granted anticipatory bail to A1 and A2 in Crl.O.P.(MD)No.15262 of 2017. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Criminal Side), 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.III, Tirunelveli, 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 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, daily at 10.30 a.m., until further orders; (ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(iv) the petitioners shall not abscond either during investigation or trial;
(v) the petitioners shall not commit any offence while on bail;
(vi) 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/- 15/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.3 TIRUNELVELI 2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.T.SELVAN, Advocate SR.No.34461
ORDER
IN CRL OP(MD) No.15566 of 2017 Date :15/11/2017 mrn SH/CM-VR/SAR-1:22.11.2017:2p/6c