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Madras High CourtCRL OP(MD)/18706/2018ordered

Muthukumar, v. The Inspector Of Police,

2018-10-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18706 of 2018 1.MUTHUKUMAR 2.MANIKANDAN ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs THE STATE THROUGH, THE INSPECTOR OF POLICE, SENKOTTAI POLICE STATION, CRIME NO.416 OF 2018 TIRUNELVELI DISTRICT.

... RESPONDENT / COMPLAINANT For Petitioner : Mr.J.SENTHIL KUMARAIAH, 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, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148 I.P.C and Section 3(1) of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992 in Crime No.416 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is running a super market store and bakery. On 13.09.2018 during the Vinayagar idol rally, the persons who indulged in the said rally had damaged the defacto complainant's super market, worth about Rs.7,00,000/-. Hence, the complaint.

3.Heard the learned counsel appearing for the petitioners. 4.The learned Additional Public Prosecutor submitted that the petitioners and others had damaged the defacto complainant's shop, worth about Rs.7,00,000/- and the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain

conditions. The petitioners are directed to deposit a sum of Rs.5,000/- (Rupees five thousand only) each to the credit of Crime No.416 of 2018 on the file of the learned Judicial Magistrate, Shenkottai. On such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Shenkottai 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 Inspector of Police, Tallakulam Police Station, Madurai District daily at 10.30 a.m until further orders. 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/- 30/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SHENKOTTAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

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

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

COPY TO :

THE INSPECTOR OF POLICE TALLAKULAM POLICE STATIN, MADURAI DISTRICT.

+1. CC to Mr.J.SENTHIL KUMARAIAH Advocate SR.No.20633.

ORDER

IN CRL OP(MD) No.18706 of 2018 Date :30/10/2018 RAM/VR MMS/SAR 1/02.11.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/