Joseph Walter @ Walter v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11439 of 2018 1 JOSEPH WALTER @ WALTER 2 JOSEPH 3 JOHNBOSCO 4 THOMMAI 5 T.ANTONY SANTIAGU VAZ 6 XAVIER GOMAZ 7 SAKAYAM PARNATHU 8 BASKARAN 9 SESUSANTHIYA ... PETITIONERS / ACCUSED NOS.1 TO 9 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SAYALKUDI POLICE STATION, RAMANATHAPUARM DISTRICT.

CRIME NO.96/2018 ... RESPONDENT/ COMPLAINANT For Petitioners : MR.R.RAJARAMAN Advocate For Respondent : MR.A.ROBINSON,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent Police for the offences under Sections 147, 148, 447, 427, 294(b) and 506 (ii) of I.P.C. in Crime No.96 of 2018. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent.

3.When the matter was taken up for hearing, the learned Government Advocate (Crl. side) submitted that the petitioners 6, 7, 8 and 9 are not shown as accused in this First Information Report. Therefore, this Criminal Original Petition is closed in sofar as the petitioners 6, 7, 8 and 9 are concerned.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel appearing for the petitioners pointed out that the issue relates to running of Prawn Farm in violation of

Costal Regulation Act. He pointed out that the fifth petitioner has already filed Public Interest Litigation and that coercion to withdraw this Public Interest Litigation, this case has been falsely registered.

5.Finding Prima facie the said submission, this Court is inclined to grant anticipatory bail to the petitioners 1 to 5 with certain conditions. Accordingly, the petitioners 1 to 5 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Muthukulathur and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 1 to 5 shall appear before the respondent police as and when required for interrogation. The petitioners 1 to 5 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners 1 to 5 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/- 09/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUTHUKULATHUR, RAMANATHAPUARM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE,SAYALKUDI POLICE STATION, RAMANATHAPUARM DISTRICT.

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

+1. CC to M/S.R.RAJARAMAN Advocate SR.No.12458 TSG GJM/RR/CSL/ASVM13.7.18-2P-6C

ORDER

IN CRL OP(MD) No.11439 of 2018 Date :09/07/2018 https://hcservices.ecourts.gov.in/hcservices/