Madras High CourtCRL OP(MD)/19452/2019partly allowed

Sethuramalingam v. The Inspector Of Police

2020-01-20Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN 1.Sethuramalingam 2.J.Prabhu 3.Rajamanickam 4.Sithiravelu 5.Kumar 6.Veeraiya 7.H.Insar 8.Nijamudeen 9.Saravanan 10.Syed Mohammed Buhari ... Petitioners/Accused Rank Not Known Vs The State rep.by The Inspector of Police, Manamelkudi Police Station, Manamelkudi Taluk, Pudukkottai District Crime No.159 of 2019. ... Respondent/Complainant For Petitioners : M/s.P.Ganapathi Subramanian, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime NO.159 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 1/3

148, 353 and 427 of I.P.C., r/w Section 3 of Tamil Nadu Prevention of Public Property Damages and Loss Act in Crime No.159 of 2019 on the file of the respondent police, seek anticipatory bail.

3. This petition was filed before the conduct of the local body elections. This Court had also given some interim relief for all the petitioners except the second petitioner. The second petitioner has since been arrested.

4.The learned Government Advocate (Crl.side) states that the petitioners 1, 2 and 10 alone are accused in this case. The petitioners 3 to 9 are not accused in this case. 5.Therefore, this criminal original petition is closed as regards the petitioners 3 to 9 as they are not accused in this case. This criminal original petition is dismissed as regards the second petitioner. Hence, anticipatory bail is granted for the petitioners 1 and 10.

6. Accordingly, the petitioners 1 and 10 are ordered to be released on bail in the event of arrest or on their appearance before the learned District Munsif cum Judicial Magistrate, Aranthangi, 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 1 and 10 shall appear before the respondent police as and when required for interrogation. The petitioners 1 and 10 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7. The petitioners 1 and 10 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/- 20/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ARANTHANGI.

2.THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

2/3

3.THE INSPECTOR OF POLICE, MANAMELKUDI POLICE STATION, MANAMELKUDI TALUK, PUDUKKOTTAI DISTRICT.

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

+1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No.972

ORDER

IN CRL OP(MD) No.19452 of 2019 Date :20/01/2020 rmi TK/VR/SAR.2/22.01.2020/3P/6C 3/3