Nondichamy, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5033 of 2017 1 NONDICHAMY 2 VANKATACHALAPATHI 3 THAVAMANI 4 THAVAM 5 RASU ... PETITIONERS/ ACCUSED NO.18 & 24 TO 27 Vs STATE REP.BY THE INSPECTOR OF POLICE, APPAN THIRUPATHI POLICE STATION, MADURAI DISTRICT.

(CRIME NO.89 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.GANDHI Advocate For Respondent :M/S 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 A-18 & A-24 to A-27 in Crime No.89 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 147, 148, 341, 353 IPC and Section 4 of TNPPDL Act 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. It is alleged in the complaint that when the Supervisor proceeded to open the TASMAC shop the petitioners along with other accused damaged the thatched shed and fence put up around the shop and when he prevented the same, the petitioners along with others threatened them.

4. It is submitted by the learned counsel for the petitioners that the whole village has protested against the opening of TASMAC shop near the College where 126 lady faculties and other children are studying. The petitioners are the villagers and they are implicated in this case for the simple reason that they gave representation to the District Collector objecting the shifting of TASMAC shop.

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5.The learned Government Advocate(Crl.Side) appearing for the respondent on instructions submitted that now TASMAC shop has been shifted.

6. Considering the facts and circumstances of the case, 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.V, Madurai, and on each of them executing 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 learned Magistrate concerned and and the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.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/- 25/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.V,MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, APPAN THIRUPATHI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.R.GANDHI Advocate SR.No.21007

ORDER

IN CRL OP(MD) No.5033 of 2017 Date :25/04/2017 MS/PM.PN/SAR-4/02.05.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/