CRL OP(MD)/24085/2016 of M.NAVEEN @ NAVEEN KUMAR Vs THE INSPECTOR OF POLCE, on 29 December 2016

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

Thursday, the Twenty Ninth day of December Two Thousand SixteenPRESENT

The Hon`ble Mr Justice R.MAHADEVAN

CRL OP(MD) No.24085 of 2016

1 M.NAVEEN @ NAVEEN KUMAR 2 A.SATHISH KRISHNAN, 3 H.ASWIN ... PETITIONER/ACCUSED No.4,5 & 6

Vs

THE STATE REPRESENTED BYTHE INSPECTOR OF POLCE, LALGUDI POLICE STATION, TRICHY DISTRICT

CRIME NO. 817 OF 2016 ... RESPONDENT / COMPLAINANT

For Petitioner : M/S.N.SUBRAMANI Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side)

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

ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.4 to 6, inCrime No.817 of 2016, on the file of the respondent police,apprehend arrest at the hands of the respondent police for thealleged offences punishable under Section 3(1) of Tamil NaduProperty Prevention of Damage and Loss Act, 1992 and hence, seekanticipatory bail.

2. Heard the learned counsel for the petitioners and learnedGovernment Advocate (Crl. Side) for the respondent / State.

3. The case of the prosecution is that on 11.12.2016 at about 04.00a.m., when the de facto complainant gave homage to the death of theHon'ble Former Chief Minister upon garlanding the portrait, thepetitioners along with others pelted stones on the house of the defacto complainant and damaged the portrait.

4. The learned counsel appearing for the petitioners are innocentpersons and they have nothing to do with the present case and theyhave been falsely implicated in this case.https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, withcertain conditions. Accordingly, they are directed to deposit a sumof Rs.25,000/- (Rupees twenty five thousand only) before the learnedJudicial Magistrate, Lalgudi, to the credit of Crime No.817 of 2016,on the file of the respondent Police and on such deposit, they areordered to be released on bail in the event of arrest or on theirappearance before the learned Judicial Magistrate, Lalgudi, and oneach of them executing a bond for a sum of Rs.1,00,000/- (Rupeesone lakh only) with two sureties each for a like sum to thesatisfaction of the learned Magistrate concerned and on furtherconditions that the petitioners shall appear before the respondentpolice daily at 10.30 a.m., and at 05.30 p.m., for a period of fourweeks and thereafter as and when required for interrogation. Thepetitioners shall comply with the condition stipulated under Section438 Cr.P.C. scrupulously.

7. 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/-

29/12/2016

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATE, LALGUDI LALGUDI

2 THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT

3 THE INSPECTOR OF POLCE, LALGUDI POLICE STATION, TRICHY DISTRICT

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

+1. CC to M/S.N.SUBRAMANI Advocate SR.No.83846