J. Mariya Hans v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) Nos.13837 to 13845 of 2018 J. MARIYA HANS ... PETITIONER / ACCUSED RANK NOT KNOWN IN CRL OP(MD)No.13837,13838, 13839,13840,13841,13842,13843, 13844,13845 of 2018 Vs THE STATE REP.BY, CRIME NO.265/2018 ... RESPONDENT / COMPLAINANT IN CRL OP(MD)No.13837 of 2018 THE STATE REP.BY, SAWYERPURAM POLICE STATION, THOOTHUKUDI, CRIME NO.NOT KNOWN OF 2018 ... RESPONDENT / COMPLAINANT IN CRL OP(MD)No.13838 of 2018 THE STATE REP.BY, MUTHAIAHPURAM POLICE STATION, THOOTHUKUDI, CRIME NO.NOT KNOWN OF 2018 ... RESPONDENT / COMPLAINANT IN CRL OP(MD)No.13839 of 2018 THE STATE REP.BY, THALAMUTHUNAGAR POLICE STATION, THOOTHUKUDI, CRIME NO.NOT KNOWN OF 2018 ...
RESPONDENT / COMPLAINANT IN CRL OP(MD)No.13840 of 2018 THE STATE REP.BY, NORTH POLICE STATION, THOOTHUKUDI, CRIME NO.NOT KNOWN OF 2018 ... RESPONDENT / COMPLAINANT IN CRL OP(MD)No.13841 of 2018 THE STATE REP.BY, CENTRAL POLICE STATION, THOOTHUKUDI, CRIME NO.NOT KNOWN OF 2018 ... RESPONDENT / COMPLAINANT IN CRL OP(MD)No.
THE STATE REP.BY, PUDUKOTTAI POLICE STATION, THOOTHUKUDI, CRIME NO.NOT KNOWN OF 2018 ... RESPONDENT / COMPLAINANT IN CRL OP(MD)No.13843 of 2018 THE STATE REP.BY, SOUTH POLICE STATION, THOOTHUKUDI, CRIME NO.NOT KNOWN OF 2018 ... RESPONDENT / COMPLAINANT IN CRL OP(MD)No.13844 of 2018 THE STATE REP.BY, CRIME NO.NOT KNOWN OF 2018 ... RESPONDENT / COMPLAINANT IN CRL OP(MD)No.13845 of 2018 For Petitioners : M/S.L.SHAJI CHELLAN Advocate IN ALL THE PETITIONS For Respondents : Mr.CHELLA PANDIAN Additional Advocate General Assisted by Mr.A.ROBINSON Govt.Advocate(Crl.Side) IN ALL THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- One J.
Mariya Hans is the petitioner in all these petitions, who is apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 436, 188 IPC and Sections 3 and 4 of TN PPDL Act in Crime No.265 of 2018 (in Crl.O.P. (MD)No.13837 of 2018 ), and Sections 147, 148, 353, 188, 436, 506 (ii) IPC and Sections 3 and 4 of TN PPDL Act in Crime No.Not Known of 2018, (in Crl.O.P.(MD)Nos.13838 to 13845 of 2018) on the file of the respondent police, seeks anticipatory bail. 2.The learned counsel for the petitioner submits that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution.
3.Heard the learned Government Advocate (Crl.side) appearing for the State.
4.All these FIR were registered in connection with Sterlite Protest. The Hon'ble Division Bench of this Court directed that only one FIR should be registered. The petitioner is not alleged to have involved in any act of violence. Therefore, the petitioner deserves to be granted with anticipatory bail. 5.Taking into consideration the facts and circumstances of the
case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.III, Tuticorin, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.
7.The petitioner shall furnish common sureties for all these cases. If the Tuticorin Police intend to implicate the petitioner in any other case, they shall issue notice to the petitioner under Section 41 (A) Cr.P.C., so that the petitioner will have breathing time to move this Court for grant of anticipatory bail. sd/- 03/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.III TUTICORIN.
2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN.
3 THE INSPECTOR OF POLICE SAWYERPURAM POLICE STATION, THOOTHUKUDI, MUTHAIAHPURAM POLICE STATION, THOOTHUKUDI, THALAMUTHUNAGAR POLICE STATION, THOOTHUKUDI, NORTH POLICE STATION, THOOTHUKUDI,
CENTRAL POLICE STATION, THOOTHUKUDI, PUDUKOTTAI POLICE STATION, THOOTHUKUDI, SOUTH POLICE STATION, THOOTHUKUDI, 11 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.L.SHAJI CHELLAN Advocate SR.No.15018
ORDER
IN CRL OP(MD) No.13837 to 13845 of 2018 Date :03/08/2018 MV:RR:SAR2:29/08/18/4P/13C