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Madras High CourtCRL OP(MD)/19035/2016ordered

A.Pandidurai, S/O Arumugam, v. The Inspector Of Police,

2016-10-03Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.19035 of 2016 A.PANDIDURAI ... PETITIONER/12th ACCUSED Vs THE INSPECTOR OF POLICE, KEELATHOOVAL POLICE STATION, RAMANATHAPURAM DISTRICT.

CR. NO. 129 OF 2016 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.K.R.LAXMAN, ADVOCATE FOR RESPONDENT : Mr.P.KANDASAMY, 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, prays for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 143, 147, 294(b), 188, 109, 353 r/w Section 4A (1a) of Tamil Nadu Open Places Prevention of Disfigurement Act, 1959 and Section 3(10) of Tamil Nadu Town Nuisance Act, 1889, in Crime No.129 of 2016 on the file of the respondent police.

2.The case of the prosecution is that the petitioners violated the conditions imposed by the Collector for conducting Aivar festival.

3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side).

4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

5.Learned Government Advocate (Crl. Side) submits that investigation is pending.

https://hcservices.ecourts.gov.in/hcservices/ 6.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 learned Judicial Magistrate, Mudukulathur, 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.20,000/- (Rupees twenty 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 him from disclosing such facts to the Court or to any Police Officer;

(iii)petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 03/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MUDUKULATHUR, RAMANATHAPURAM DISTRICT.

2. THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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

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

+1. CC to M/S.K.R.LAXMAN Advocate SR.No. 58055

ORDER

IN CRL OP(MD) No.19035 of 2016 Date :03/10/2016 NBJ TE/AAL-MPA/SAR-II : 06/10/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/