R. Eswari v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19478 of 2021

1. R.Eswari

2. T.Lakshmi

3. V.Valli

4. M.Veeranathan ... Petitioners/Accused No.10, 15, 19 & 28 Vs State Rep.by The Sub Inspector of Police, Elanchampoor Police Station, Ramanathapuram District.

(Crime No.1/2021). ... Respondent/Complainant For Petitioners: Mr.R.M.Makesh Kumaravel, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 338, 353, 506(2) IPC, in Crime No.1 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the statue of the Sri Pasumpon Muthuramalinga Thevar was erected in the Oruvanandal village by the accused persons , without the permission of the Government and the Government authorities tried to cover the statue with the cloth and the same was opposed by the accused persons. Hence, the complaint.

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3.The learned counsel for the petitioners would submit that they put up the statue of their leader without getting proper permission from the officials, when that was objected by the revenue officials by covering the fact, trouble was arose and that the coaccused was already released on bail by this Court in Crl.OP(MD) No.584 of 2021. Hence, prays to release them on anticipatory bail. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the investigation is not yet completed, that no one was injured in the incident.

5.Considering the facts and circumstances of this case, that no damage has been caused, that no one was injured in the incident and that the co-accused was already released on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate Mudugulathur 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 the petitioners shall appear before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. 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 fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 09/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1.The Judicial Magistrate, Mudugulathur.

2.Do Through The Chief Judicial Magistrate, Ramanathapuram District.

3.The Sub Inspector of Police, Elanchampoor Police Station, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date :09/12/2021 RS/VR/SAR4(14.12.2021) 3P-5C 3/3