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Madras High CourtCRL OP(MD)/15108/2018ordered

Chelladurai, v. The Inspector Of Police,

2018-08-27Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15108 of 2018 1 CHELLADURAI 2 VELLAPANDI 3 RAJ 4 RAVI 5 SARAVANAN 6 KUMAR 7 VIJAY 8 AJAY 9 KASI 10 SANKAR 11 ALEX 12 RAVI 13 MATHIYALAKAN 14 KANNAN 15 KARUTHAPANDI 16 MURUGAN 17 SUNDAR 18 KRISHNAN 19 SEENIPANDI 20 PRAKASH 21 RUDALUP AGASTIN 22 KUMARESAN 23 MURUGAN ... PETITIONERS / ACCUSED NO.2,3,6,8,10,11,12,13,15,17,18, 19,23,30,33,35,36,37,38,41,45,47,48, Vs STATE REP.BY THE THE INSPECTOR OF POLICE, KALLIDAIKURICHI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME .NO.160/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.ALAGUMANI Advocate For Respondent : Mr.V.NEELAKANDAN,Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :-

The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 307 and 506(ii) of IPC, in Crime No.160 of 2018, seek anticipatory bail.

2.The case of the prosecution is that on 05.06.2018, at about 08.00.p.m, the petitioners along with others damaged the property of the defacto complainant to the tune of Rs.5,80,000/-, and also abused the defacto complainant with filthy language and threatened him with dire consequences. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that due to previous enmity the defacto complainant's husband and nine others attacked the petitioners and caused injuries. Hence, a case has been registered by the respondent police in Crime No.156 of 2018 for the offences punishable under Sections 147, 148, 294(b), 323, 324, 307 and 506(ii) of IPC, in which, the some of the petitioners sustained injuries. Therefore, the case in counter has been registered and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4. Heard the learned Additional Public Prosecutor appearing for the respondent.

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, Ambasamuthiram and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30.a.m., for a period of two weeks, thereafter as and when required for interrogation. The petitioners shall comply with the conditions 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 shall stand dismissed.

sd/- 27/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUTHIRAM.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI.

3 THE INSPECTOR OF POLICE, KALLIDAIKURICHI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.R.ALAGUMANI Advocate SR.No.16203 PS/JC/SAR-2:04/09/2018:3P/6C

ORDER

IN CRL OP(MD) No.15108 of 2018 Date :27/08/2018