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Madras High CourtCRL OP(MD)/9747/2018granted

Sunil v. The Inspector Of Police

2018-06-18Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) Nos.9747 TO 9749 of 2018 SUNIL ... PETITIONER/ACCUSED(RANK NOT KNOWN) IN ALL THE PETITIONS Vs STATE REP.BY, THE INSPECTOR OF POLICE, KADAIYALUMOODU POLICE STATION AT KAZHIAL, KANNIYAKUMARI DISTRICT.

CRIME NO. NOT KNOWN OF 2018 ... RESPONDENT/COMPLAINANT IN CRL OP(MD)No.9747/2018 STATE REP.BY, THE INSPECTOR OF POLICE, ARUMANAI POLICE STATION, KANNIYAKUMARI DISTRICT.

CRIME NO. NOT KNOWN OF 2018 ... RESPONDENT/COMPLAINANT IN CRL OP(MD)No.9748/2018 STATE REP.BY, THE INSPECTOR OF POLICE, MARTHANDAM POLICE STATION, KANNIYAKUMARI DISTRICT.

CRIME NO.229/2018 ... RESPONDENT/COMPLAINANT IN CRL OP(MD)No.9749/2018 For Petitioner : MR.V.RAJIV RUFUS, Advocate IN ALL THE PETITIONS.

For Respondents : MR.CHELLAPANDIAN, Additional Advocate General Asst.by, MR.A.ROBINSON, Government Advocate (Crl.Side) IN ALL THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner in these criminal original petitions is one and the same. He apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323, 506 (i) and 506(ii) IPC along with Section 3,4,5 of the Tamil Nadu Open

Places (Prevention of Disfigurement) Act, 1959 on the file of the Kadaiyalumoodu P.S and Arumanai P.S and Sections 505 (1)(b) along with Section 3 and 4 A(1a) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 in Crime No.229 of 2018 on the file of the Marthandam Police Station.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

3.The only allegation made against the petitioner is that he posted wall posters against Sterlite. In such a case, the custodial interrogation of the petitioner is not required. 4.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Kuzhithurai-I, Kanniyakumari District and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation.

The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 18/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KUZHITURAI-I, KANNIYAKUMARI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE KADAIYALUMOODU POLICE STATION AT KAZHIAL, KANNIYAKUMARI DISTRICT

4 THE INSPECTOR OF POLICE, ARUMANAI POLICE STATION, KANNIYAKUMARI DISTRICT 5 THE INSPECTOR OF POLICE, MARTHANDAM POLICE STATION, KANNIYAKUMARI DISTRICT 6 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+3. CC to MR.V.RAJIV RUFUS, Advocate SR.Nos.10642,10643,10644

ORDER

IN CRL OP(MD) No.9747 to 9749 of 2018 Date :18/06/2018 PK/CM-VR/GSR/21.06.2018 : 3P/10C