Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15833 of 2018 SARAVANAN ... PETITIONER / ACCUSED NO.5 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ALWARKURICHI POLICE STATION, TIRUNELVELI DT., TIRUNELVELI.

IN CRIME NO. 23 OF 2018 ... RESPONDENT NO.1 / COMPLAINANT For Petitioner : M/S.T.LAJAPATHI ROY Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 143, 188, 147, 294 (b), 290, 291, 353, 323, 506(ii) of I.P.C, 1860 and Section 3-A of The Town Nuisance Act, 1889 and Section 5(1) of the Noise Pollution (Regulation and Control) Rules 2000, in Crime No.23 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that on 28.01.2018, there was a prayer program conducted in the church place with huge noise pollution and the defacto complainant and his police officials entered into the place and they did their official duty, at that time the petitioner along with others were restrained the defacto complainant and attacked him. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4.Heard the learned Additional Public Prosecutor appearing for the respondent.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering 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 Court, Ambasamuthiram, Tirunelveli District 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 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 made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 05/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUTHIRAM,TIRUNELVELI DISTRICT.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE ALWARKURICHI POLICE STATION, TIRUNELVELI DISTRICT, TIRUNELVELI.

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

+1. CC to M/S.T.LAJAPATHI ROY Advocate SR.No.16936

ORDER

IN CRL OP(MD) No.15833 of 2018 Date :05/09/2018 MV:JC:SAR1:06/09/18/2P/6C https://hcservices.ecourts.gov.in/hcservices/