M.Vaithilinga v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16878 of 2018 1 M.VAITHILINGA 2 G.CHOCKALINGAM 3 PERUMAL 4 C.RADHAKRISHNAN 5 M.RATHINAM ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REP.BY, THE INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION, PUDUKKOTTAI DISTRICT.

IN CRIME NO.114 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.M.ANBUSELVAN, Advocate For Respondent : MRS.ANANTHA DEVI, 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 offence punishable under Sections 143, 188, 153(A), 290, 294(b), 353,505(1)(b) and 505(1)(c) and 506(1) of I.P.C., in Crime No.114 of 2018, seek anticipatory bail. 2.The case of the prosecution is that one Ganesan obtained permission to conduct Vinayagar Chathurthi celebration in front of Maha Muthumariamman Temple by laying a Statute and on 15.09.2018 at about 08.00 a.m.

, the defacto complainant along with his police party were in protection duty before the said temple and around 90 people from the village were worshipping and while so, H.Raja, who is the National Secretry of BJP came there along with his party members and questioned why stage was not put up there and since the respondent police replied that they were complying the conditions imposed by the High Court, he criticized High Court by using filthy language and directed to put up a stage and accordingly, a stage was put up and H.Raja ggave speech using mike and used provoking words in the nature of disturbing the other religious people's sentiments and raised slogans in an unlawful and controversial manner. Hence, a case has been registered.

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3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have nothing to do with the commission of offence as alleged by the prosecution.

4.The learned Government Advocate (criminal side) 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, Thirumayam and on each of them 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 petitioners shall appear before the respondent police daily 10.30 a.m. for a period of two weeks and thereafter, 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/- 24/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTIRCT 3 THE INSPECTOR OF POLICE THIRUMAYAM POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.M.ANBUSELVAN, Advocate SR.No.20189 ORDER IN CRL OP(MD) No.16878 of 2018 Date :24/10/2018 Arul PK/RR/SAR-1/26.10.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/