CRL OP(MD)/15536/2010 of UTHIRAPATHY Vs THE INSPECTOR OF POLICE on 29 December 2010

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

Wednesday, the Twenty Ninth day of December Two Thousand Ten PRESENT

The Hon`ble Mr.Justice R.SUBBIAH

CRL OP(MD) No.15536 of 2010

1 UTHIRAPATHY

2 KUMAR

3 SUNDARAM

4 DEVENDRAN

5 SIVALINGAM

6 MARIAPPAN

7 SENTHIL

8 THIRUPATHY

9 BOOMINATHAN ... PETITIONERS / ACCUSED NOS.1,3,4,10 TO 14,16

Vs

STATE, REPRESENTED BYTHE INSPECTOR OF POLICE THANJAVUR TALUK POLICE STATION,THANJAVUR,THANJAVUR DISTRICT.CR.NO.442 OF 2007 ... RESPONDENT / COMPLAINANT

For Petitioner : M/S. A.THIRUVADIKUMAR AdvocateFor Respondent : M/S.S.MUTHU VENKATESAN, Govt. Advocate ( Crl. Side)

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

ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for thealleged offence punishable under Sections 147, 148, 448, 506(ii) IPCand Sec.3 (1) of TNPPDL Act, the petitioners have come forward withthe petition for anticipatory bail.

2. Heard the learned Counsel for the petitioners and the learnedGovernment Advocate (Criminal Side) appearing for the respondent.

3. The case of the prosecution is that on 8/11/2007, due to theelection dispute with regard to the panchayat Election, thepetitioners along with other accused are said to have trespassed intothe house of one Tamilarasan and caused damage to the householdarticles and utensils of the defacto complainant to the tune ofRs.10,000/-

4. When the matter is taken up for consideration, the learned APPwould submit that a charge sheet has been filed in PRC No.56 of 2010treating the petitioners as absconding accused.

https://hcservices.ecourts.gov.in/hcservices/

5. In view of the submission made by the learned APP, this Courtis constrained to direct the petitioners to file a petition beforethe trial Magistrate under Section 70(2) of Cr.P.C. and in the eventof filing of such petition to recall the Non Bailable Warrant, thetrial Judge shall consider the same liberally on the same day onmerits and in accordance with law. It is also made clear that thepetitioners need not surrender for filing a petition under Section 70(2) of Cr.P.C. as under Section 70(2) of Cr.P.C., there is norequirement for the petitioner to appear in person for filing apetition under Section 70(2) of Cr.P.C.

6. With the above direction, this petition is disposed of.

sd/-

29/12/2010

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

TO

1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE THANJAVUR AT KUMBAKONAM

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

4 THE INSPECTOR OF POLICE THANJAVUR TALUK POLICE STATION, THANJAVUR,THANJAVUR DISTRICT.

+1. CC to M/S. A.THIRUVADIKUMAR Advocate SR.No.52797