Ganesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6423 of 2017 1 GANESAN 2 SUBRAMANI 3 MURUGAN 4 SANMUGAM 5 CHELLAM 6 DEVI 7 KALAISELVI 8 MEENAL ... PETITIONERS/A1,A2,A3,A5 TO A9 Vs STATE REP.BY, THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT CRIME NO. 95/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.RAMU Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 341, 427, 294(b), 323, 506(i), 379(NH) of IPC., read with Section 4 of TNPHW Act in Crime No.95 of 2017, on the file of the respondent police, seek anticipatory bail.
2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent/State.
3.The case of the prosecution is that the defacto complainant namely, Vijayalakshmi, W/o.Ravichandran, when entered into Arulmigu Mariamman temple in their village, the petitioners were taking the cash from the hundi and when it was questioned by her, the petitioners abused by using filthy language and threatened to cause murder.
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4. The learned counsel appearing for the petitioners submitted that the temple is a private temple and there is a civil dispute between the parties which is also pending before the Civil Court in O.S.No.27 of 2015. Due to that the petitioners are falsely implicated in this case.
5. 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, Devakottai, and on each executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) and the petitioners 1, 2, 6 and 7 with two sureties each, and petitioners 3 and 5 with common surety and petitioners 4 and 7 with common surety, for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 1 to 4 shall appear before the respondent police once in a week ie., on every Monday at 10.30 a.m. until further orders and petitioners 5 to 8 shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6.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/- 05/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI, SIVAGANGAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.RAMU Advocate SR.No.23160 PJL CSL/CM-MSA/SAR-I/07.06.2017 : 2P/6C
ORDER
IN CRL OP(MD) No.6423 of 2017 Date :05/06/2017 https://hcservices.ecourts.gov.in/hcservices/