Pilavendran v. The Inspector O Fpolice
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9245 of 2016 1 PILAVENDRAN 2 ALBONCE @ RAVI S/O.ARULAPPAN 3 SUSAIAPPAN 4 ALBONCE S/O.ARCHUNAN 5 ANTONYSAMI 6 PONNAIYAN 7 SANJIVI RAJAN 8 VALAN 9 DHAIYALAN 10 SEKARJI 11 ANANTHA PILLAI 12 ANBALAGAN 13 SATHISH 14 PRATHI 15 KALAI 16 PHRABHU @ PRABHU 17 SAMATHANAM 18 PONNAIAH 19 AGILA 20 DHANASILI 21 JAYAMERI 22 LINGAMMAL 23 KALIAMMAL 24 BEEMA 25 SENITTAR @ SOMIYA 26 BASKAR 27 VANARAJ 28 BACKIYARAJ 29 EASAIAH 30 AYYA DURAI 31 ARULAPPAN 32 ANTONY 33 VINNARASI 34 RAYAPPAN 35 VALAN @ ANBAZHAGAN 36 MUGILAN 37 MAIKEL 38 RAJASEKARAN 39 LOOKASH ... PETITIONERS/ ACCUSED NO.1,3 TO 8, 11 TO 33, 35 TO 43
Vs STATE THROUGH THE INSPECTOR O FPOLICE SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT, CR NO. 91 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S N.MARIAPPAN Advocate For Respondent : MR.P.KANNITHENVAN Govt. 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 Nos.1, 3 to 8, 11 to 33 and 35 to 43 apprehend arrest at the hands of the respondent police for the offences punishable under sections 147, 341, 294(b), 188 and 353 of IPC, in Crime No.91 of 2016, on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that on 29.05.2016 during a temple festival, there was altercation and all the accused persons abused the de facto complainant in filthy language, attacked him and threatened him with dire consequences. On complaint case has been registered for the above said offences.
3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and they have been falsely implicated in this case and prays for anticipatory bail in favour of the petitioners. 4.It is submitted by the learned Government Advocate (Crl.Side) that no one sustained injury in the occurrence. 5.Considering the facts and circumstances of the case and also considering the fact no one sustained injury, 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, Sivagiri, and on each of them 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 Nos.1 to 18 and 26 to 39 shall report before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required for interrogation and the petitioners 19 to 25 shall appear before the respondent police 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 stands dismissed.
sd/- 14/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SMN TO 1 THE JUDICIAL MAGISTRATE,SIVAGIRI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THIRUNELVELI DISTRICT 3 THE INSPECTOR O FPOLICE,SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S N.MARIAPPAN Advocate SR.No.30255 GJM/SK/SKN/SAR-II-15.6.16-3P-6C
ORDER
IN CRL OP(MD) No.9245 of 2016 Date :14/06/2016