Pon Esakki v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12542 of 2018 1 PON ESAKKI 2 PETCHI RAJA 3 AYYAKUTTI ... PETITIONERS/ACCUSED NO.3,5 & 6 Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, TUTICORIN DISTRICT. ... RESPONDENT/ COMPLAINANT For Petitioners : MR.S.R.DURAI RAJ 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 offence punishable under Sections 147, 148, 379, 294 (b), 353, 307 and 506(ii) IPC and Section 3 of Tamil Nadu Property (Prevention of Damage & Loss) Act, 1992, in Crime No.162 of 2018, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) for the respondent. 3.The first petitioner is having five previous cases. Therefore, this petition is dismissed as far as the first petitioner is concerned.

4.The second and third petitioners are not having any bad antecedents. Hence, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3 with certain conditions. Accordingly, the petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Srivaikundam and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 2 and 3 shall appear before the respondent police as and when https://hcservices.ecourts.gov.in/hcservices/

required for interrogation. The petitioners 2 and 3 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The petitioners 2 and 3 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/- 23/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to M/S.S.R.DURAI RAJ Advocate SR.No.13699 LS GJM/CSL/SAR-I-31.7.18-2P-6C

ORDER

IN CRL OP(MD) No.12542 of 2018 Date :23/07/2018 https://hcservices.ecourts.gov.in/hcservices/