S.Charuba Selvaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16768 of 2018 1 S.CHARUBA SELVARAJ 2 J.MOHAMED RAFI 3 P.SURESHKUMAR SANGWAN 4 A.SUNDARA MOORTHY 5 A.RIYAS AHAMED 6 P.SENTHAMARAI 7 J.SYED IBRAHIM 8 R.VENKATESH 9 M.JOHNSON, 10 K.P.RAJA 11 ANISH PATHIMA 12 K.KAMARUDEEN 13 R.KANNADASAN 14 R.JAHAGIR BASSHA 15 K.ABBAS 16 A.VASU 17 K.GANESH ... PETITIONERS / ACCUSED NO.1 TO 11,13,14, AAND 19 TO 22 Vs STATE REP.BY THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

(IN CRIME NO.300 OF 2018) ... RESPONDENT / COMPLAINANT R.KARTHIKEYAN ...PETITIONER/DEFECTO COMPLAINANT/DEFECTO COMPLAINANT For Petitioner : M/S.M.SHEIK ABDULLAH Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor For Intervener : G.GOMATHI SANKAR, Advocate 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, 148, 294(b), 447, 427 and 506(ii) I.P.C and under Section 3(1) of Tamil Nadu Public Property Damage and Loss Act, 1992, in Crime No.300 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the petitioners joined together and broke the shop property of the defacto complainant and also robbed some valid articles. Hence, the complaint. 3.Heard the learned counsel appearing for the petitioners. 4.Heard the learned counsel appearing for the intervener. 5.The learned Additional Public Prosecutor submitted that the investigation is pending.

6.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, Kodaikanal 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 learned Judicial Magistrate, Kodaikanal daily at 10.30 a.m for a period of two weeks and thereafter as and when required on receipt of summon. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.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/- 27/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDICIAL MAGISTRATE, KODAIKANAL.

THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

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

+1.CC to Mr.G.GOMATHI SANKAR Advocate SR.No.18529 +1.CC to Mr.M.SHEIK ABDULLAH Advocate SR.No.18427 PS/JC/SAR-4:04/10/2018:2P/7C

ORDER

IN CRL OP(MD) No.16768 of 2018 Date :27/09/2018