Madras High CourtCRL OP(MD)/17686/2016allowed

Muthu, v. The Inspector Of Police,

2016-09-19Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.17686 of 2016 1 MUTHU 2 THANGAVEL ... PETITIONERS/ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE, THIRUVADANAI POLICE STATION, THIRUVADANAI, RAMANATHAPURAM DISTRICT IN CRIME NO.346 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.KANNAN Advocate For Respondent : MR.A.P.BALASUBRAMANI,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 147, 341, 153(A), 294(b), 353 and 506(ii) IPC in Crime No. 346 2016 on the file of the respondent police.

2. The case of the prosecution is that the petitioners were performing their traditional worship in a Government poromboke land and on the complaint of the Village Administrative Officer, case has been registered.

3. Learned counsel for the petitioner submits that the petitioner's names are not mentioned in FIR.

4. Heard learned Government Advocate (Crl. Side).

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police; (b) In the event of appearance before the learned District Munsif - cum - Judicial Magistrate, Thiruvadanai, Ramanathapuram District, within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; https://hcservices.ecourts.gov.in/hcservices/

(ii) petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) petitioners shall be available for interrogation by the respondent police as and when required.

sd/- 19/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF-CUM- JUDICIAL MAGISTRATE,THIRUVADANAI, RAMANATHAPURAM DISTRICT.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, THIRUVADANAI POLICE STATION, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.M.KANNAN Advocate SR.No.53294

ORDER

IN CRL OP(MD) No.17686 of 2016 Date :19/09/2016 PA/AAL-MPA/SAR W/19.09.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/