R.Alagar Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/09/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.9824 of 2020

1. R.Alagar Pandi

2. Chinnasamy

3. Murugan

4. Palanisamy

5. Mookkan @ Mariappan ... Petitioners/Accused 1 to 5 Vs The State Rep. by The Inspector of Police, Samayanallur Police Station, Madurai District.

Cr.No. 170 of 2019 ... Respondent/Complainant For Petitioners : M/s.P.T.Ramesh Raja, Advocate.

For Respondent : M/s.S.E.Veronica Vincent, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.170 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused No.1 to 5, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 341, 143, 294(b) of I.P.C. and Section 3(1) of TNPPDL Act, in Crime No.170 of 2019, on the file of the respondent police, seek anticipatory bail. 2.The allegation is that earlier one Selvam and others, without getting permission from the Government, conducted prayer meeting in his house using loud speaker and he has created a law and order

problem. Based on a complaint given by the Village Administrative Officer, the crime has been registered for the offence punishable under Sections 143 and 295(A) of IPC, against four persons in crime No.169 of 2019. Thereafter, the petitioners along with large number of people assembled before the above said prayer meeting hall and caused disturbance to the general public and also created law and order problem. The Village Administrative Officer gave another complaint against the petitioners. Therefore, the present case has been registered for the above said offences.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) appearing for the State would submit that the investigation is pending. 5.Considering the facts and circumstances of the case and also considering the fact that the occurrence had taken place in the year 2019, and except the allegation that the petitioners have protected against conducting prayer meeting unauthorizedly and no other grave offence is levelled against the petitioners, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vadipatti, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police as and when required for interrogation;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f)if the petitioners/accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 16/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9824 of 2020 Date :16/09/2020 SJI TE/JC/SAR-II : 22/09/2020 : 3P/5C