G. Jakkaian, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of August Two Thousand Eighteen PRESENT THE HON`BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD) No.15357 of 2018 1 G. JAKKAIAN, 2 K. KUTTIBAI @ RAJENDRAN, 3 M. MURUGAN, 4 S. RAMAMOORTHI, 5 P. RAGAVAN @ PETCHIMUTHU, 6 K.MURUGESAN @ ONDIVEERAN, 7 S. PERUMAL, 8 M.TAMILPARITHI, ... PETITIONERS / ACCUSED NO.1 TO 4,6,7,8 & 13 Vs THE STATE REP BY THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI CITY.
(CR.NO.565 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.THIRUMURUGAN Advocate For Respondent : V.NEELAKANDAN, ADDITIONAL PUBLIC PROSECUTOR 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 offences punishable under Sections 147, 143, 188, 290, 353, 294(b) and 506(ii) of IPC and Section 15(1) of Environment Protection Act and Section 5A(1) of the Noise Pollution (Regulation and Control), Rules, 2000, in Crime No.565 of 2018, seek anticipatory bail.
2.The case of the prosecution is that the petitioners and others came to place "Thiyagi Ondiveeran Memorial Hall" to pay their homage and they were created noise pollution. When the defacto complainant questioned the same, the petitioners threatened the defacto complainant with dire consequences. Hence, the complaint .
3. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.
4.Considering the facts and circumstances of the case, 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 No.I, Tirunelveli 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 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
5.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 shall stand dismissed.
sd/- 29/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.1, TIRUNELVELI.
TO THROUGH, THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3 THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.T.THIRUMURUGAN Advocate SR.No.16379
ORDER
IN CRL OP(MD) No.15357 of 2018 Date :29/08/2018 TR/RR/SAR-2 (04/09/2018) 3P/6C