Thangaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15777 of 2018 1 THANGARAJ 2 THOMAS 3 MAHESH RAJA 4 JEBAKUMAR ... PETITIONERS/ACCUSED Nos,1,2,3&5 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE NAZARETH POLICE STATION, TUTICORIN DISTRICT.
CRIME NO.73/2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.T.VADIVELAN, Advocate For Respondent : MRS.M.ANANTHADEVI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 506(ii) and Section 379 of ND of I.P.C in Crime No.73 of 2018, seek anticipatory bail.
2.The case of the prosecution is that due to Tuticorin Nazareth Diocese Election motive, the petitioners and others assaulted the defacto complainant and abused him by using filthy language and also taken a sum of Rs.2,150/- from the pocket of the defacto complainant. Hence, the case has been registered. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents. They did not involve any offence as alleged by the prosecution. It is a case of case in counter. Hence, he prays for anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submitted that there are totally seven accused in this case. The petitioners are arrayed as Accused Nos.1,2,3 and 5. The stolen amount of Rs.2,150/- is not recovered and the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/
5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. The petitioners are directed to deposit a sum of Rs.3,000/- (Rupees three thousand only) to the credit of Crime No.73 of 2018 before the Judicial Magistrate, Sathankulam and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sathankulam 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.
6.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/- 04/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SATHANKULAM, TUTICORIN DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT, 3 THE INSPECTOR OF POLICE NAZARETH POLICE STATION, TUTICORIN DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.T.VADIVELAN Advocate SR.No.16857
ORDER
IN CRL OP(MD) No.15777 of 2018 Date :04/09/2018 PK/JC/SAR-1/10.09.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/