V. Thangaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.8406 of 2016 V. THANGARAJ ... PETITIONER/ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SIVAKASI POLICE STATION, SIVAKASI, (CRIME NO.330 /2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.N.DILIP KUMAR Advocate For Respondent : M/S.K.ANBARASAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 171(F) and 188 of IPC r/w. Section 4A (1a) of Tamil Nadu Open Places (Prevention of Disfigurements) Act, 1959, in Crime No.330 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 05.05.2016, when the defacto complainant was in patrolling duty, they noticed that the accused persons tied party flags of DMK, Congress and alliance parties at his residence.

3. The learned counsel appearing for the petitioner submitted that due to political rivalry the name of the petitioner has been falsely implicated in this case and he did not permit anybody to fly the flags at his residence. He further submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioner.

4. Heard the learned Government Advocate (Crl. Side). 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to https://hcservices.ecourts.gov.in/hcservices/

be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sivakasi and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner 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/- 03/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE SIVAKASI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE SIVAKASI POLICE STATION, SIVAKASI, +1. CC to M/S.N.DILIP KUMAR Advocate SR.No.27789 RL/6C/2P/PEK/SARI/7/6/2016

ORDER

IN CRL OP(MD) No.8406 of 2016 Date :03/06/2016 https://hcservices.ecourts.gov.in/hcservices/