Pitchai v. The Inspector Of Olice
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3249 of 2017 1 PITCHAI 2 KUMASTHA GURUSAMY @ GURUSAMY 3 MARIYAPPAN 4 RAJA 5 GANESAN 6 VAIRAMUTHU 7 SELVA KUMAR 8 PALLAPATTI GURUSAMY @ GURUSAMY 9 DHAMODARAN 10 MANIKANDAN ... PETITIONERS/ACCUSED NO.1,3,5,7, 8,9,10,15,16 & 17 Vs THE STATE REP.BY, THE INSPECTOR OF OLICE SATTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO. 147 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SOLAISAMY Advocate For Respondent : MRS.S.PRABHA, Govt. 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, 3, 5, 7, 8, 9, 10, 15, 16 & 17 in Crime No.147 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 143 and 188 IPC and hence, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent/State. 3.
complaint alleging that the petitioners and other villagers unlawfully assembled near a Kaliyamman Temple at Keelaottampatti Village and conducted road-roco at Sathur - Vetrilaiyurani road with a demand to lock one J.K.Mineral water company permanently at Keelaottampatti Village and that even after the advise of the defacto complainant, they refused to disperse from their unlawful assembly. As per the request of the villagers, J.K.Mineral Water Company was sealed by the revenue authorities and at that time, the villagers gathered and submitted their requests before the officers to take stringent action against the erred mineral water company. The petitioners did not cause any problems either to the officers or to the general public. The petitioners are innocent and they have not committed any offence as alleged in the complaint. 4.
The learned Government Advocate appearing for the respondent / Police submitted that the petitioners along with other accused unlawfully assembled and conducted road-roco. The investigation is pending 5.Considering the facts and circumstances of the case and also considering the nature of the allegations raised against the petitioners, 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 before the learned Judicial Magistrate No.II, Sattur and on each executing a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand only) with one surety each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that the petitioners shall appear before the respondent police once in a week ie., on every Monday at 10.30 a.m., until further orders. 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 made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 21/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II,SATTUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF OLICE SATTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.SOLAISAMY Advocate SR.No.16582 GCG CSL/BS/SAR-III/24.03.2017 : 3P/6C
ORDER
IN CRL OP(MD) No.3249 of 2017 Date :21/03/2017