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Madras High CourtCRL OP(MD)/18105/2016ordered

Sethupathy, v. The Inspector Of Police,

2016-09-22Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18105 of 2016 SETHUPATHY ..PETITIONER/ACCUSED No.16 Vs.

STATE REP.BY THE INSPECTOR OF POLICE, KEELA THOOVAL POLICE STATION, RAMANATHAPURAM DISTRICT.

IN CRIME NO. 123/2016 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.P.NAGARAJAN Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner, who is arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 143, 147, 188 and 109 of IPC and Section 3

(1) of Tamil Nadu Nuisance Act, 1889, in Crime No.123 of 2016 on the file of the respondent police.

2.The case of the prosecution is that at the time of conducting drama in Ayyanar Thirukovil Festival, the accused restrained the respondent from discharging their duty.

3.Learned counsel for the petitioner submits that the petitioner did not commit any offence as alleged by the respondent. 4.Learned Government Advocate (Crl. Side) submits that the accused without getting permission erected Flex Boards during Temple Festival.

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner 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 Judicial Magistrate, Mudhukulathur, within 15 days from the date of receipt of copy of the order, (i) petitioner shall be enlarged on bail on executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction;

(ii) petitioner 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 them from disclosing such facts to the Court or to any Police Officer;

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(iii) petitioner shall be available for interrogation by the respondent police daily at 10.30. a.m for 3 days and thereafter, as and when required.

sd/- 22/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUDUKULATHUR, RAMANAD DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,RAMNAD. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, KEELA THOOVAL POLICE STATION, RAMANATHAPURAM DISTRICT.

+1. CC to M/S.JEYAKARTHIK, Advocate SR.No.54786 ORDER IN CRL OP(MD) No.18105 of 2016 Date :22/09/2016 PBK/AAL-MPA/SAR-I 26/09/2016 ::2P-6C:

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