Vairakkal v. The State Rep By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1636 of 2017 1 VAIRAKKAL 2 PANDI 3 NAGARAJ 4 JEYAKODI ... PETITIONER/ACCUSED NO.1 TO 4 Vs THE STATE REPRESENTED BY , THE INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT.
CRIME NO.72 OF 2017 ... RESPONDENT/DEFACTO COMPLAINANT For Petitioner : M/S.P.SATHIYA MOORTHY Advocate For Respondent : MR.P.KANDASAMY, 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 alleged offence punishable under Sections 294(b), 341, 447, 427 and 506(i) of IPC., in Crime No.72 of 2017, seek anticipatory bail.
2. The learned counsel appearing for the petitioners states that the land in which the Temple situated belongs to the petitioners and the same was questioned by the petitioners herein. In the meantime, the defacto complainant and others trespassed into the resident of the petitioners and damaged the house worth about Rs.3,00,000/- and also caused injury to the petitioner and their family members. Therefore, the 4th petitioner lodged a complaint with the respondent Police and the same was registered in Crime No.51 of 2017, for the offence punishable under Sections 147, 148, 323 and 506(ii) of IPC.
3. The learned Government Advocate (crl.side) appearing for the respondent states that there are totally four accused in this case, who are the petitioners herein. There was dispute in respect of worshipping God at Melaurappanur Village, Thirumangalam Taluk. The petitioners herein trespassed into the Temple and damaged the Hundies of Temple and threatened the defacto complainant with dire consequences and abused the defacto complainant with filthy language.
4. Considering the above facts and circumstances of the case, https://hcservices.ecourts.gov.in/hcservices/
this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Thirumangalam, Madurai, on condition that each petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 1 and 4 shall report before the respondent police weekly once ie., on every Sunday at 10.30 a.m., for a period of eight weeks and thereafter, as and when required and the petitioners 2 and 3 shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required, for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously.
6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 15/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,THIRUMANGALAM, MADURAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.P.SATHIYA MOORTHY Advocate SR.No.8793 MPK CSL/CM-MSA/SAR-I/17.02.2017 : 2P/6C
ORDER
IN CRL OP(MD) No.1636 of 2017 Date :15/02/2017 https://hcservices.ecourts.gov.in/hcservices/