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Madras High CourtCRL OP(MD)/14674/2018ordered

S.Balamurugan v. The Inspector Of Police

2018-09-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14674 of 2018 S.BALAMURUGAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE THEPPAKULAM POLICE STATION, MADURAI CITY.

(CRIME NO. NOT KNOWN OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.D.SARAVANAN Advocate For Respondent : Mr.M.ASOKAN Government Advocate ( Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992, in Crime No.Not known of 2017, seeks anticipatory bail. 2.The case of the prosecution is that on 23.02.2017, some persons pelted stones on the petitioner's car and damaged his car glasses. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is the State Organisation Squad Secretary of Hindu Makkal Katchi, Nedungulam Main Road. Since he is involved in Hindu Religious Activity, preventing conversion of religion by other minority religion. Since he is fighting against conversion, there was a rivalry prevails always against the petitioner and his family members. Due to that enmity arose between the local minority people, there was some anonymous phone calls frequently and he was threatened with dire consequences. Hence, he prays for anticipatory bail.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the investigation is pending. 5.Taking note of the facts and circumstances, 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.I, Madurai and on his 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 petitioner shall appear before the respondent police daily at 10.30. a.m until further orders. 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 made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 10/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3.THE INSPECTOR OF POLICE THEPPAKULAM POLICE STATION, MADURAI CITY.

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

+1. CC to MR.D.SARAVANAN Advocate SR.No.17381

ORDER

IN CRL OP(MD) No.14674 of 2018 Date :10/09/2018 MSA AE/RR/SAR1/19.09.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/