V.Rajendran, v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.15279 of 2016 1 V.RAJENDRAN 2 S.PULLANI ... PETITIONERS/ACCUSED No.1&2 Vs STATE REP. BY THE SUB INSPECTOR OF POLICE, THIRUPPULLANI POLICE STATION, RAMANAATHAPURAM DISTRICT.

CR.NO. 206 OF 2016 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.M.BOOPATHI PANDIYAN, ADVOCATE FOR RESPONDENT : Mr.P.KANNITHEVAN, 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.1 and 2, apprehend arrest at the hands of the respondent police for the offence punishable under Section 188 IPC, in Crime No.206 of 2016, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that on 10.08.2016, without getting permission, the petitioners and other villagers celebrated temple festival by carrying Mulaipari through the Muslim Street. On complaint, a case has been registered for the above said offences. 3.The case of the petitioners is that they are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners and village people celebrated the temple festival peacefully and they did not disturb the public and no complaint was given by the public or by any Muslim people and a false case has been foisted against the petitioners. 4.The learned Government Advocate (Criminal side) submitted that on the complaint given by the de facto complainant, a case has been registered and investigation is pending. 5.

Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, they 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, https://hcservices.ecourts.gov.

before the learned Judicial Magistrate No.I, Ramanathapuram, on condition that each of the 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 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 10.00 a.m. until further orders. (ii)the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioners shall not abscond either during investigation or trial.

(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 as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not.

sd/- 19/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE NO.1, RAMANATHAPURAM.

2. THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3. THE SUB INSPECTOR OF POLICE, THIRUPPULLANI POLICE STATION, RAMANAATHAPURAM DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.BOOPATHI PANDIYAN Advocate SR.No. 45755 ORDER IN CRL OP(MD) No.15279 of 2016 Date :19/08/2016 SMN TE/CK/SAR-III : 23/08/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/