Sadaimuniyandi v. The Deputy Superintendent Of Police
CRL OP(MD). No.19037 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.19037 of 2019 Sadaimuniyandi (In FIR Wrongly Mentioned as Selvam) ... Petitioner/Accused No.6 Vs 1.The Deputy Superintendent of Police, Sivagangai Sub Division, Sivagangai District.
2.The Inspector of Police, Kalaiyarkovil Town Police Station, Sivagangai District.
Crime No.384/2019 3.Rajamanickam ... Respondents/Victims/Complainants For Petitioner : M/s.R.Balamuruganantham, Advocate.
For Respondents : Mr.A.Robinson, Govt. Advocate (Crl.Side) for R1 & R2 PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.384/2019 on the file of the Respondent Police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondents 1 and 2.
2. The petitioner apprehending arrest at the hands of the respondent police for the offences under sections 143, 153A(1)(a), 153(B), 294(b), 505(1)(b), 505(ii) and 509 of I.P.C. r/w. Section 67 of Information Technology Act and Sections 3(1)(r), 3(1)(u) and 3(1) (v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.384 of 2019, on the file of the second respondent police, seeks anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.19037 of 2019
3. The defacto complainant has been notified. The defacto complainant alleges that the persons named in the FIR while taking part in Maradhu Pandiyar's brothers guru pooja indulged in abuse of slogan shouting insulting the memory of their community leader Immanuel Sekaran. I am of the view that there is absolutely no material against the petitioner. Of course, this observation is made only for the purpose of granting relief in this case and this will not have any bearing on the investigation.
4. In view of the above, I am 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 Special Court for Exclusive Trial of SC/ST (POA) Act Cases, Sivagangai, Sivagangai 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 Court 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.
5. The petitioner shall appear before the concerned Court 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/- 20/12/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE SPECIAL COURT FOR EXCLUSIVE TRIAL OF SC/ST (POA) ACT CASES,SIVAGANGAI SIVAGANGAI DISTRICT. 2.THE DEPUTY SUPERINTENDENT OF POLICE, SIVAGANGAI SUB DIVISION, SIVAGANGAI DISTRICT. 3.THE INSPECTOR OF POLICE, KALAIYARKOVIL TOWN POLICE STATION, SIVAGANGAI DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. R. BALAMURUGANANTHAM Advocate SR.No.22416
ORDER
IN CRL OP(MD) No.19037 of 2019 IAS Date :20/12/2019 TK/JC/SAR.1/03.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2