R.Thirumalai Velu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16371 of 2018 1 R.THIRUMALAI VELU 2 A.MUTHAIAH 3 P.RAMARAJ 4 C.MARIMUTHU 5 V.PITCHUMAI 6 V.MARIMUTHU @ KUMAR ... PETITIONERS / ACCUSED NOS.1 TO 6 Vs STATE REP. BY THE INSPECTOR OF POLICE, KADAYANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

(CR NO.286/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.V.KATHIRVELU, Senior Counsel for MR.K.PRABHU, Advocate For Respondent : M/S.M.ANANTHA DEVI, Govt. Advocate ( Crl. Side) 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 297 and 506(i) in Crime No.286 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant lodged a complaint on 26.09.2017 stating that the father of the defacto complainant had expired. On that day, the accused persons imposed some condition to take water and also refused to give key for the cremation place and also insisted the defacto complainant to touch the feet of all the accused. Further, they imposed a penalty of Rs.1,00,000/- and the accused persons were collected Rs.2550 as penalty/-. Hence, the complaint.

3.The learned counsel appearing for the petitioners submitted that they are innocent persons and they have not committed any offence as alleged by the prosecution.

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4.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that the investigation is pending. 5.Taking note of the facts and circumstances, 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, Thenkasi 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. 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/- 12/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THENKASI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

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

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

+1. CC to M/S.K.PRABHU Advocate SR.No.17448

ORDER

IN CRL OP(MD) No.16371 of 2018 Date :12/09/2018 JM/VR MMS/SAR 1/19.09.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/