CRL OP(MD)/23546/2013 of J. MANOHARAN Vs THE INSPECTOR OF POLICE on 30 December 2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Monday, the Thirtieth day of December Two Thousand ThirteenPRESENT

The Hon`ble Mr Justice P.N.PRAKASH

CRL OP(MD) No.23546 of 2013

1 J. MANOHARAN

2 JEBARAJ

... PETITIONERS/ACCUSED NOS.3&6

Vs

STATE REP BYTHE INSPECTOR OF POLICE SALAIGRAMAM POLICE STATION, ILAYANKUDI TALUK, SIVAGANGAI DISTRICT, CRIME NO.172/2013 ... RESPONDENT/ COMPLAINANT

For Petitioner : M/S.G.R.SWAMINATHAN AdvocateFor Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/A3 and A6 apprehend arrest at the hands of therespondent police for the alleged commission of offences punishableunder sections 147, 292(A), 436, 506(i) of I.P.C. and Section 3 ofTNPPDL Act, in Crime No.172 of 2013 on the file of the respondentpolice, seek anticipatory bail.

2.A3 and A6 are the petitioners herein. The date of occurrencewas on 24.12.2013 and the first information report was registered onthe same day for the offences under Sections 147, 292(A), 436, 506(i) of I.P.C. and Section 3 of TNPPDL Act.

3.It is submitted by the learned Government Advocate (criminalside) that the shop of the defacto complainant was set in fire andsustained a damage to the tune of Rs.50,000/-.

4.The learned counsel for the petitioner would submit thatthere is no overt act against the petitioners herein.https://hcservices.ecourts.gov.in/hcservices/

5.Be that as it may, this Court directs the petitioners jointlyto pay a sum of Rs.30,000/- (Rupees thirty thousand only) towardsdamages suffered by them.

6.In the light of the above, on payment of the said sum ofRs.30,000/-, the petitioners are directed to be released on bail, inthe event of arrest or on their appearance before the learnedJudicial Magistrate, Ilayankudi and on each of them executing a bondfor a sum of Rs.10,000/- (Rupees ten thousand only) with twosureties each for a like sum to the satisfaction of the learnedMagistrate concerned and on further condition that the petitionershall appear before the respondent police daily at 10.00 a.m. for aperiod of two weeks and thereafter as and when required forinterrogation. The learned Judicial Magistrate, Ilayankudi shouldensure that the petitioners had paid a sum of Rs.30,000/- (Rupeesthirty thousand) to the defacto complainant towards damages asdirected by this Court. The petitioners shall comply with theconditions stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioners shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copymade ready failing which, the petition for anticipatory bail standsdismissed.

sd/-

30/12/2013

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO1.THE JUDICIAL MAGISTRATE ILAYANKUDI

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT

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

4.THE INSPECTOR OF POLICE SALAIGRAMAM POLICE STATION, ILAYANKUDI TK, SIVAGANGAI DISTRICT+1. CC to M/S.G.R.SWAMINATHAN Advocate SR.No.64450RL/6 C- 2/1/2014