Thiravidamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9023 of 2016 1 THIRAVIDAMANI 2 PATCHAIMUTHU 3 RAMAMOORTHY 4 MANOJKUMAR @ ARAVIND 5 SEKAR 6 GANESHAN 7 MALAYANDI 8 GANDHI 9 VAIRAVAN 10 ARUMUGAM, S/O.MOKKAIPAGAN 11 SELVAGANESH 12 JAGAN 13 VIJAY, S/O.VAIRAVAN 14 KUMAR 15 RAMESH 16 VADIVEL 17 ANAND 18 MANGAVU @ MANGESWARN 19 SATHISH 20 SAMIKANNU 21 SENTHILKUMAR 22 ALAGAR, S/O.LATCHUMANAN 23 ARUMUGAM, S/O.LATCHUMANAN 24 VIJAY, S/O.GANAPATHI 25 LATCHUMANAN 26 DINESHKUMAR 27 ARUMUGAM, S/O.VAIRAVAN 28 MURUGAN 29 ALAGAR, S/O.RAMAN ..PETITIONERS/ACCUSED (RANK NOT KNOWN) Vs.

STATE REP.BY THE INSPECTOR OF POLICE MATHAGUPATTI POLICE STATION, SIVAGANGAI.

IN CRIME NO. 135/2016 ..RESPONDENT/COMPLAINANT For Petitioner : M/S R.ARUNSANNASI Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148,188, 294(b), 323, 324, 332, 452, 506(ii), 307 of IPC r/w Section 3 of TNPPD Act, in Crime No.135 of 2016, on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons attacked the police officials and damaged the vehicle parked inside the police station and set fire to the bus belonging to the TNSTC came from Thiruppathur. The petitioners and other accused persons attacked the police personnel and caused serious injuries. On complaint, a case has been registered against the petitioners.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that they were celebrating the festival of "Sathya Vilzha Peraasurar Perumpidugu Muthuarayar". At the time of function, the Inspector of Police insulted the people stating their Caste. Due to which, the youngsters attacked the Police officers and caused injuries. Due to political motive, their names have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) submitted that the people of village sought permission for conducting festival of Sathya Vilzha Peraasurar Perumpidugu Muthuarayar on 23.05.2016. The respondent police rejected their request on 23.05.2016. Due to which, more than 400 people at 7.00 pm came to the Madagupatti Police Station with deadly weapons, with an intention to create problem and caused damage to the police station and the bus belonging to the Transport corporation and tried to set fire to the bus and total damage is yet to be calculated. He further submitted that, if the petitioners are granted anticipatory bail, there will be further communal clash and the petitioners and others will cause injuries to the people and damage to the properties. It is further contended that a special team has been formed headed by the Superintendant of Police and the the investigation is at earlier stage and prays for dismissal of this petition.

5. It is seen that the allegations against the petitioners and others is in spite of permission being refused to conduct of Sathya Vilzha Peraasurar Perumpidugu Muthuarayar, the petitioners and others numbering more than 400 people gathered with deadly weapons and when the police requested them not to create any problem, they attacked the Police Station and damaged the bus belonging to the TNSTC and set fire in the bus.

6. Considering the serious nature of allegations levelled against the petitioners and that there is a possibility of communal clash and that the Special Team headed by the Superintendant of Police, Sivagangai is investigating the case, this Court is not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, the Criminal Original Petition is dismissed. sd/- 15/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT OF POLICE, SIVAGANGAI, SIVAGANGAI DISTRICT. 2 THE INSPECTOR OF POLICE, MATHAGUPATTI POLICE STATION, SIVAGANGAI.

3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.ARUNSANNASI Advocate SR.No.30882 ORDER IN CRL OP(MD) No.9023 of 2016 Date :15/06/2016 PBK/GSV-PM/SAR-II 20/06/2016 ::3P-5C::