Vadivelan @ Sivasithan @ Mohamed Bilal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM

1. Vadivelan @ Sivasithan @ Mohamed Bilal ... 1st Petitioner/Accused 1

2. Aravind

3. Kaviyarasan,

4. Selvam, ... Petitioners 2 to 4/Accused Rank Not Known Vs The Inspector of Police, Thiruppanandhal Police Station, Thanjavur District.

Crime No.498 of 2023.

... Respondent/Complainant For Petitioner : Mr.C.SUSIKUMAR, Advocate for Mr.R.MAHESWARAN, Advocate For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.498 of 2023 on the file of the Respondent Police.

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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, 379 and 3(1) of Tamil Nadu Property Prevention of Damages and Loss Act, 1992 altered into Sections 147, 148, 379, 506(ii), 120(b) of IPC r/w 3(1) of Tamil Nadu Property Prevention of Damages and Loss Act, 1992 in Crime No.498 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is t on 30.10.2023, the members of the State Secretary (Media Division) of Tamil National Development Party have damaged the Poigai Pond's wall and they have stolen the grill gate of Kasi Mutt. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are the innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that in this case, investigation is pending, hence, he strongly opposed to grant anticipatory bail to the petitioners. 5.Heard both sides and perused the materials available on the record.

6. Considering the nature of the offence and also considering the fact that in this 2/3

case, investigation is pending, this Court is the view that the petitioners are not entitled to grant anticipatory bail. Hence, this Criminal Original Petition is dismissed.

sd/- 08/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SKN TO 1 THE INSPECTOR OF POLICE, THIRUPPANANDHAL POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.20761 of 2023 Date :08/12/2023 SA/VR/SAR. /03.01.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3