Madras High CourtCRL OP(MD)/5467/2024granted

Giltas v. The Inspector Of Police

2024-04-10Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Giltas,

2. Antony Jermans

3. Sahaya Nathan,

4. Raju @ Mathan,

5. Kirubai, ... Petitioners/Accused 1 to 5 Vs The Inspector of Police, Mandapam Police Station, Ramanathapuram District.

(Crime No.38 of 2023).

... Respondent/Complainant For Petitioner : Mr.J.SANKARAPANDIAN, Advocate.

For Respondent : Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.38 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police in 1/4

connection with Crime No.38 of 2023 for the offence under Sections 188 and 153 of IPC, have filed this petition.

2.The case of the prosecution is that as against the Government Order No.57, Food Care Dairy and Fisheries Department, dated 03.03.2017, the petitioners thwarted the anchor and moved the boats to another place and also prevented the defacto complainant from discharging his duty. 3.The learned counsel for the petitioners submits that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent police opposes for grant of anticipatory bail on the ground that the fifth petitioner has one previous case to his credit and the investigation is yet to be completed. 5.Considering the facts and circumstances of the case and also considering the nature of allegations, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Rameswaram, on condition that the petitioners shall 2/4

execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Rameswaram, and on further conditions that:

(i)The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

(ii)The petitioners shall appear before the respondent police daily at 10.30 am until further orders. They have to co-operate for the investigation. (iii) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses.

(iv)On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 10/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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SJI TO 1 THE JUDICIAL MAGISTRATE, RAMESWARAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.J.SANKARAPANDIAN, Advocate ( SR-4306[I] dated 10/04/2024 ) ORDER IN CRL OP(MD) No.5467 of 2024 Date :10/04/2024 SA/GS/SAR. /16.04.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4