A.Vellaikannu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9812 of 2016 1 A.VELLAIKANNU 2 RAJESH 3 S.RAMESH 4 S.MAHESH 5 S.SATHISH 6 V.MANI 7 VASU 8 R.ARUN 9 M.NAGARAJ 10 VENGADESH 11 RAJA 12 SILAMBU 13 AMSHA@RAMASAMY ... PETITIONERS/ACCUSED NO.4,5,6, 7,8,10,15,19,20,21,23,29 & 32 Vs THE STATE REP.BY THE INSPECTOR OF POLICE NATHAM POLICE STATION DINDIGUL DISTRICT CR.NO.148 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.RAJARAMAN Advocate For Respondent : M/S.P.KANNITHEVAN 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.4 to 8, 10, 15, 19 to 23, 29 & 32, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 188, 332, 307 of IPC r/w Section 3(i) of TNPPDL Act, in Crime No.148 of 2016, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that on 04.04.2016, during the festival of Malaivinayagampatty Muthu Mariyamman Temple, Sethur Village, the petitioner along with other accused persons unlawfully assembled and erected the statue of Perumpidugu Mutharaiyar, without any permission. When the respondent police prevented them, at 12.00 noon all the accused persons shouted and stated that they will erect the said statue in all the places in Natham and attacked the police officials with deadly weapons and set fire on the JCB vehicle kept nearby occurrence place and ran away from the place and thus created https://hcservices.ecourts.gov.in/hcservices/

law and order problem. On complaint, case has been registered for the above said offences.

3.The case of the petitioners is that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and A1 was granted anticipatory bail by this Court, in Crl.O.P(MD)No.8779 of 2016, dated 08.06.2016. 4.The learned Government Advocate (Crl.side) submitted that the injured person had already been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged from the hospital and A1 was granted anticipatory bail by this Court in Crl.O.P(MD)No.8779 of 2016, dated 08.06.2016, 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, Natham 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 petitioners shall stay at Udumalpet and appear before the Udumalpet Police Station daily at 10.00 a.m., until further orders. The petitioners shall comply with the condition 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/- 22/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NATHAM.

2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDIGUL DT. 4 THE INSPECTOR OF POLICE UDUMALPAT POLICE STATON, UDUMALPET.

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

+1. CC to M/S R.RAJARAMAN Advocate SR.No.32207 am JA-NGM-MP-SAR.III/27.6.2016/2P:7C ORDER IN CRL OP(MD) No.9812 of 2016 Date :22/06/2016 https://hcservices.ecourts.gov.in/hcservices/